News & Analysis as of

In Forma Pauperis

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Lomax v. Ortiz-Marquez

On June 8, 2020, the Supreme Court decided Lomax v. Ortiz-Marquez, No. 18-8369, holding that the Prison Litigation Reform Act of 1995 (PLRA) prevents a prisoner who has had at least three lawsuits dismissed because they were...more

Patterson Belknap Webb & Tyler LLP

Court Holds Defendants Entitled to In Forma Pauperis Status on Appeal Regardless of Merits

On December 6, 2019, the Second Circuit (Calabresi, Pooler, Park) issued a published per curiam decision in United States v. Kosic (Nunez), concerning the defendant-appellant’s motion for in forma pauperis (“IFP”) status in...more

Dorsey & Whitney LLP

The Supreme Court - October 21, 2019

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On Friday afternoon, the Supreme Court of the United States granted certiorari in the following four cases: Seila Law LLC v. Consumer Financial Protection Bureau, No. 19-7: (1) Whether the vesting of substantial executive...more

Womble Bond Dickinson

Pro Se It Ain’t So: Self-Represented Attorney in Putative TCPA Class Action Found by Court Not to be Qualified to Represent Class

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In Doyle v. Fla. Health Sol., Inc., No. 17-12231 (JMV) (MF), 2018 U.S. Dist. LEXIS 148340 (D.N.J. Aug. 29, 2018), the court had to determine – at the pleading stage – whether a pro se plaintiff who is a licensed attorney...more

Dorsey & Whitney LLP

Court Issues Epic Smack Down to Professional TCPA Plaintiff Seeking to Sue Pacer In Forma Pauperis

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If the TCPA has a “rock bottom,” we may have just hit it. As recently explained by Judge Cynthia Bashant of the Southern District of California: Roy Tuck and his wife Deborah Tuck, together with their son Richard Caruso...more

Butler Snow LLP

For It’s One, Two, Three Strikes and Prisoner Suits (Might Be) Out

Butler Snow LLP on

The Prison Litigation Reform Act (PLRA), enacted by an overwhelmingly bipartisan vote to respond to the prisoner “litigation explosion,” has reduced the number of prisoner suits. But more than twenty years later, federal...more

Foley & Lardner LLP

Seventh Circuit Channels the Fugitive in Chastising Marshals Service

Foley & Lardner LLP on

Ordinarily, a civil plaintiff must make his own arrangements to serve the defendant. But under Rule 4(c)(3) of the Federal Rules of Civil Procedure, the district court “may order that service be made by a United States...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

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