Notice of Changes Proposed by the Eastern District Local Rules Committee
Comments Due September 24, 2020
Comments Due September 24, 2020
10-CV-179 Wilber v. Thurmer
Petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, claiming that his state court conviction and sentence were imposed in violation of the Constitution. Petitioner argued in his petition that his constitutional rights were violated when the state trial court ordered him to be shackled to a wheelchair in a way that was visible to the jury during closing arguments, among other reasons. The court granted the petition for writ of habeas corpus.
The Judicial Conference Advisory Committees on Appellate, Bankruptcy, Civil, and Criminal Rules have proposed amendments to the following rules and have asked that they be circulated to the bench, bar, and public for comment.
Appellate Rule: 25
Bankruptcy Rules: Restyled Rules Parts I and II; Rules 1007, 1020, 2009, 2012, 2015, 3002, 3010, 3011, 3014, 3016, 3017.1, 3017.2 (new), 3018, 3019, 5005, 7004, and 8023; and Official Forms 101, 122B, 201, 309E-1, 309E-2, 309F-1, 309F-2, 314, 315, and 425A
Click here to view the COVID-19 operating policies, procedures and plan for resumption of in-person hearings in the district court.
19-CV-1198 City of Birmingham Retirement and Relief System v. AO Smith Corp
Decision and Order
The court dismissed a complaint alleging securities fraud based on a channel-stuffing scheme for failure to plead fraud and scienter as required by the Private Securities Litigation Reform Act.
19-CV-1210 Jason Morris, et al v. Aurora Network Plan, et al
Anti-assignment clause of ERISA plan could not be read to allow assignment of benefits to health care providers but bar assignment of the right to sue to enforce right to benefits, because right to sue to enforce benefits under a plan arises from statute and attaches wherever a party has a valid entitlement to plan benefits.
17-CR-156 USA v. Jerry Scott
Decision regarding request for “compassionate release”