In Cronick v. City of Colorado Springs, No. 25-1235 (10th Cir. Aug. 28, 2026), the Tenth Circuit holds that cross-examining a plaintiff for about her “cop-watching” social media videos, in which she’s shown in police and security guard “encounters
Paul W. Mollica
Paul W. Mollica is a legal publisher or organization that provides detailed analysis and commentary on federal and tribal court decisions, focusing on procedural and substantive issues in civil and criminal law. The content includes case law interpretations related to federal rules of civil and criminal procedure, jurisdictional questions, tribal court authority, and intellectual property enforcement. The publisher covers appellate court rulings that clarify legal standards for service of process, jurisdictional limits, evidentiary sufficiency, and contractual obligations. The materials are aimed at legal professionals interested in federal appellate jurisprudence, tribal law, and procedural nuances in litigation.
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Ninth Circuit Holds That A Federal Court May Exercise Supplemental Jurisdiction Over a State Law Claim Even Where the Federal Claim is a Permissive Counterclaim Under Fed. R. Civ. P. 13(b)
In Zunun Aero, Inc. v. The Boeing Co., No. 24-5212 (9th Cir. Aug. 26, 2026), on a petition for panel rehearing, the Ninth Circuit holds that a federal court may exercise supplemental jurisdiction over state-law claims, under 28 U.S.C.…
D.C. Circuit Cuts Pro Se Litigants Some (But Not Unlimited) Slack on Filing a Late Notice of Appeal Under Fed. R. App. P. 4(a)(1)
In Rudometkin v. Driscoll, No. 25-5033 (D.C. Cir. Aug. 24, 2026), the D.C. Circuit considers its jurisdiction over two pro se notices of appeal filed beyond the 30- or 60-day deadline. It holds that “if a pro se notice…
Seventh Circuit Cleans Up Intra-Circuit Split of Authority on Standard of Appellate Review of Orders Denying Arbitration
In Moore v Club Exploria, LLC, No. 25-2721 (7th Cir. Aug. 18, 2026), the Seventh Circuit grapples with a divide in the case law about whether district court orders denying arbitration are reviewed deferentially or de novo. The court…
Discovery Order Related to an Immunity Defense Was Not a Collateral Order Subject to an Interlocutory Appeal, Holds D.C. Circuit
The D.C. Circuit holds in Rodriguez v. Pan American Health Org., 24-7135 (D.C. Aug. 14, 2026), that while an interlocutory right of appeal arises from denial of immunity under the International Organizations Immunities Act (IOIA) under the collateral-order doctrine,…
Fifth and Ninth Circuits Reject Novel Applications of the Collateral-Order Doctrine to Review District Court Orders Concerning Civil Immunity of Defendants
It’s collateral-order-doctrine week in the U.S. Courts of Appeals, with two courts issuing opinions that dismiss interlocutory appeals of orders ruling on claims of immunity from civil litigation. Both appeals are dismissed on the ground that the immunity at issue…
Seventh Circuit Rejects Extension of Fraudulent Joinder Doctrine, as an Exception to Diversity Jurisdiction, to Examination of Whether the Plaintiff’s Legal Team Intends to Pursue Claims Against the Non-Diverse Defendants
In In re Abbott Laboratories, No. 25-2327 (7th Cir. July 28, 2026), the Seventh Circuit reverses an order denying a remand of a products liability case to state court, holding that the district court exceeded the bounds of the…
Second Circuit Enters Curious Circuit Split Over Whether Article III Subject-Matter Jurisdiction Principles Apply to Article I Courts
In In Re Laura Charlene Goebel, No. 25-103 (2d Cir. 2026), the Second Circuit joins a circuit split over whether Article I bankruptcy courts are constrained by Article III case or controversy requirements.
The IRS appealed a decision of…
Second Circuit Panel Notes an Oddity in Appellate Review of Fed. R. Civ. P. 59(a) Orders That Creates a Trap for the Unwary
In Raymond v. 1199SEIU Nat’l Benefit Fund, No. 25-707 (2d Cir. July 23, 2026), the panel holds that it cannot review a Fed. R. Civ. P. 59(a) order denying a new trial on quirky ground that apparently no other…
Split Fifth Circuit Panel Grants Mandamus to End a Sixty-Year-Old School Desegregation Case Where Every Remaining Party Filed an Fed. R. Civ. P. 41(a)(1) Stipulation of Dismissal
In In re School Board of Concordia Parish, No. 26-30074 (5th Cir. July 14, 2026), the panel dismisses an appeal by the parties from the District Court’s refusal to terminate a long-running school desegregation case pursuant to a…