In Kellogg v. Nichols, No. 23-8093 (2d Cir. Mar. 5, 2026), the Second Circuit affirms dismissal of a gun-rights case filed against a state court judge who serves as a statutory firearms licensing officer, both on absolute immunity and
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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Sixth Circuit Reverses a District Court for Exercising Supplemental Jurisdiction and Granting Summary Judgment on a Novel Michigan State-Constitutional Claim
In Williams v. Addison Cmty. Schs., No. 25-1205 (6th Cir. Mar. 2, 2026), the Sixth Circuit issues a rare published opinion reversing a district court for exercising supplemental jurisdiction (28 U.S.C. § 1367(a)), here over a Michigan state-law claim…
Fourth Circuit Holds That Stipulation of Dismissal Without Prejudice Can Be Remedied by Plaintiff Waiver in Appellate Briefing or Argument
In Metz v. McCarthy, No. 24-1820 (4th Cir. Feb. 25, 2026), the Fourth Circuit holds that a stipulation in the district court of dismissal without prejudice, which would deprive the court of appellate jurisdiction, can be repaired on appeal…
Fifth Circuit Skirts Question of Application of Fed. R. Civ. P. 17(c) to Party Suspected to Be, But Not Yet Adjudicated As, Incompetent
In Boudy v. McComb Sch. Dist., No. 24-60386 (5th Cir. Feb. 24, 2026), the Fifth Circuit avoids, though bookmarking for another time, whether it is an abuse of discretion to dismiss a case in the face of pro se…
Fifth Circuit Gives “What Not to Do” Guidance for the Lawyer Who Learns Too Late That Their Brief Was Filed in Court with AI Hallucinations
In Fletcher v. Experian Inform. Solutions, Inc., No. 25-20086 (5th Cir. Feb. 18, 2026), the Fifth Circuit enters a $2,500 sanction against a lawyer who filed a brief with “quotations, citations, and assertions that were not supported by the…
District Court May Not Grant Fed. R. Civ. P. 12(b)(6) Motion Solely Because Plaintiff Failed to Oppose It, Holds Fourth Circuit
In Guzman v. Acuarius Night Club LLC, No. 24-1555 (4th Cir. Feb. 13, 2026), the Fourth Circuit holds that “failing to oppose a Fed. R. Civ. P. 12(b)(6) motion is not a sufficient ground for a court’s concluding that…
Waiting Sixteen Months Was Not “Reasonable Diligence” to Seek Preliminary Injunction in Free Speech Case, Holds Eighth Circuit
In Kohls v. Ellison, No. 25-1300 (8th Cir. Feb. 9, 2026), the Eighth Circuit affirms denial of a preliminary injunction in a case where the plaintiffs waited “more than sixteen months after the legislature enacted the challenged provisions” to…
Geographic-Filtering Mechanism on Website That Enabled Local Sales in New Hampshire Constituted “Purposeful Availment” for Personal Jurisdiction Purposes, Holds First Circuit
In Stokinger v. Armslist, LLC, No. 24-1697 (1st Cir. Feb. 5, 2026), the First Circuit holds that an online marketplace for firearms based in Pennsylvania engaged in “purposeful availment” of New Hampshire because it had a geographic-filtering mechanism on…
Third Circuit Joins Split Over Whether Successful Habeas Corpus Litigants Are Entitled to Fees and Costs Under the Equal Access to Justice Act
In Michelin v. Warden Moshannon Valley Corr. Cntr., No. 24-2990 (3d Cir. Feb. 2, 2026), the Third Circuit becomes the fourth U.S. Court of Appeals to hold that the Equal Access to Justice Act fee-shifting provision applies to successful…
Split Ninth Circuit Panel Issues Caution on So-Called “Shotgun Pleadings”
In Gibson v. City of Portland, No. 24-1663 (9th Cir. Jan. 29, 2025), a split panel addresses when it may be appropriate for a district court to strike what it calls a “shotgun pleading,” i.e., one that fails to…