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Enbridge v. Nessel: Equitable Tolling Unavailable for Removal Deadline

The Supreme Court reversed the Sixth Circuit in Enbridge Energy, LP v. Nessel, holding that 28 U.S.C. §1446(b)(1)'s 30-day removal deadline is not subject to equitable tolling. The Court found that the presumption of equitable tolling is rebutted by the provision's strict mandatory language, its structure within the overall removal scheme, and its distinct function as a forum-allocation rule rather than a claim-extinguishing limitations period. Enbridge had removed a Michigan Attorney General enforcement action 887 days after receiving the complaint, relying on equitable tolling to excuse the untimeliness. The ruling resolves a circuit split, with the Fifth and Eleventh Circuits having previously recognized equitable tolling in some circumstances.

Bolandian Insider Trading Conviction Vacated, Remanded

The Ninth Circuit vacated Shahriyar Bolandian's six-count insider trading conviction and remanded for a new trial, holding that the district court failed to adequately investigate when Juror No. 6 expressed uncertainty about his impartiality. The appellate court found the district court impermissibly delegated its independent duty to investigate juror bias to the juror himself, violating Bolandian's Sixth Amendment right to an impartial jury. Reviewing for plain error, the panel held the district court plainly erred in failing to strike Juror No. 6 and that this error affected Bolandian's substantial rights and the fairness and public reputation of the proceedings.