In PCC Airfoils, LLC v. Daugherty, No. 25-3794 (6th Cir. May 19, 2026), the Sixth Circuit declares definitively that there is no “clear and convincing” standard of proof on a Fed. R. Civ. P. 65 motion for a preliminary
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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Fourth Circuit Grants Mandamus Holding That Express Scripts Is Entitled to a Jury Trial on a Government Action for Public Nuisance That Seeks to Create an “Abatement Fund”
In In re Express Scripts, Inc., No. 25-2281 (4th Cir. May 15, 2026), the Fourth Circuit grants mandamus to direct that defendant Express Scripts get a jury trial in a public nuisance lawsuit, because at least one remedy sought—an…
Plaintiffs Who Plead That Session Replay Code Embedded in Retail Websites Captured Personally Identifying Information Alleged an Injury in Fact for Article III Standing Purposes, Holds Third Circuit
In In re BPS Direct, LLC; Cabela’s, LLC Wiretapping Litig., No. 23-3235 (3d Cir. May 11, 2026), the Third Circuit holds that customers whose allege that their visits to retail websites were surreptitiously captured by session replay code (SRC),…
Split Seventh Circuit Panel Holds That Government Waived Argument for Limitation on Injunctive Relief in 8 U.S.C. § 1252(f)(1), Interpreting That Section as Non-Jurisdictional
In Castañon-Nava v. U.S. Dep’t of Homeland Security, No. 25-3050 (7th Cir. May 5, 2026), a divided panel (with a concurrence in the judgment and a dissent) holds that 8 U.S.C. § 1252(f)(1) of the Immigration and Naturalization Act, which…
A Negligent Discovery Violation Is Not “Misconduct” to Support Relief from Judgment Under Rule 60(b)(3), Holds Second Circuit
In Adidas America, Inc. v. Thom Browne, Inc., No. 24-1510 (2d Cir. Apr. 29, 2026), the Second Circuit affirms denial of a motion for relief from a final judgment under Fed. R. Civ. P. 60(b)(2) and (b)(3), in a…
Two Circuits Address Scott v. Harris and Video Evidence in Assessing Qualified Immunity for Police Officers Under 42 U.S.C. § 1983
In Smith v. Miami Valley Hosp., No. 24-3983 (6th Cir. Apr. 20, 2026) and Perez v. Guetschow, No. 25-1617 (7th Cir. Apr. 20, 2026), two panels decide interlocutory appeals of qualified immunity decisions under 42 U.S.C. §1983 where the…
Split Fifth Circuit Panel Grants Mandamus to Order Venue Transfer Under 28 U.S.C. § 1404(a), Holding That District Court Erred in Relying on Court Congestion as a Controlling Factor
The Fifth Circuit has been the site of vexing and notorious venue battles, as parties jostle to forum shop – or avoid – districts in Texas and Louisiana. In In re Google, No. 25-40788 (5th Cir. April 7, 2026),…
Split Fourth Circuit Panel Holds That There Was No Injury Fairly Traceable to Maryland State Officials Under the Federal Servicemembers Civil Relief Act, and Thus No Article III Standing by Servicemembers to Enforce the Act
In Rouse v. Fader, No. 25-1004 (4th Cir. Mar. 24, 2026), a 2-1 panel of the Fourth Circuit holds that the plaintiffs—“three married couples, each with one spouse who was an active-duty servicemember”—lacked Article III standing to enforce the…
Fifth Circuit Clears Up Intracircuit Conflict, Holding That Video Recordings of Depositions Are Taxable as Costs Under Fed. R. Civ. P. 54(d)(1) and 28 U.S.C. § 1920
In Clouse v. Southern Methodist Univ., No. 24-10860 (5th Cir. Mar. 16, 2026), the Fifth Circuit resolves a split among the circuit’s district courts by holding that ordering both video and printed depositions are chargeable as costs under Fed.…
Seventh Circuit Splits Over Whether to Vacate a District Court Order Against Federal Immigration Agencies Upon a Fed. R. App. P. 42(b)(2) Voluntary Motion to Dismiss
In Chicago Headline Club v. Noem, No. 25-3023 (7th Cir. Mar. 5, 2026) (per curiam), a Seventh Circuit panel issues a 2-1 decision ordering that, as part of granting the government’s voluntary dismissal of its appeal under Fed. R. App.…