In Gun Owners of America, Inc. v. U.S. Dep’t of Justice, No. 24-1881 (6th Cir. Oct. 30, 2025), the Sixth Circuit holds that the possibility that a new U.S. Administration in 2029 might not be a sympathetic to gun
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.
Latest from Paul W. Mollica - Page 6
Second Circuit Overrules Clear-Error Standard Sometimes Used by District Courts to Review Report and Recommendations by Federal Magistrate Judges Under Fed. R. Civ. P. 72(b)
In Nambiar v. The Central Orthopedic Group, LLP, No. 24-1103 (2d Cir. Oct. 28, 2025), the Second Circuit disaffirmed the clear-error standard of review applied by some district courts in the circuit to review Report and Recommendations (“R&R”) issued…
Citing the Probate Exception, Sixth Circuit Holds District Court Lacked Equitable Jurisdiction to Compel Arbitration of Action Proceeding In Rem in State Court
In Johnson v. Johnson, No. 24-2058 (6th Cir. Oct. 24, 2025), the Sixth Circuit affirms dismissal of an action to compel arbitration under Section 4 of the Federal Arbitration Act, holding that – under the probate exception – the…
Splitting With the Fifth Circuit, First Circuit Holds That a Third-Party Claim May Bring a Case Within Appellate Jurisdiction Under 28 U.S.C. § 1292(a)(3)
In United States v. Ernst Jacob GmbH & Co. KG, No. 23-1969 (1st Cir. Oct. 23, 2025), the First Circuit rejects a holding in the Fifth Circuit and holds that a third-party defendant’s complaint for subrogation or contribution is…
Lawsuit Against Attorneys for Alleged Conduct During a State-Court Action Not Blocked by Rooker-Feldman Doctrine, Holds Fifth Circuit
In English v. Crochet, No. 25-30074 (5th Cir. Oct. 8, 2025), a Fifth Circuit panel partially reverses a Fed. R. Civ. P. 12(b)(6) dismissal of a diversity case, holding in relevant part that the tort suit is not blocked…
Split Second Circuit Panel Affirms Attorney Fee Sanction Under 28 U.S.C. § 1447(c) Under “Unusual Circumstances,” Where Defendant Continued to Resist a Motion to Remand on Grounds That Federal Courts Widely Rejected After the Original Removal
In The City of New York v. Exxon Mobil Corp., No. 24-1568 (2d Cir. Oct. 3, 2025), a 2-1 panel holds that Exxon could be sanctioned under 28 U.S.C. § 1447(c) for pressing the same grounds for removal that…
Joining Circuit Split, Ninth Circuit Holds That District Court May Not Establish Diversity of Citizenship by Judicial Notice
In Rosenwald v. Kimberly-Clark Corp., No. 24-299 (9th Cir. Sept. 24, 2025), the Ninth Circuit dismisses an appeal for lack of subject-matter jurisdiction, holding that the district court erred in taking judicial notice of the corporate defendant’s citizenship. It…
Third Circuit Holds That District Court Erred by Disregarding Unsworn Statement of Party for Fed. R. Civ. P. 56(e) Relief
In Lauria v. Lieb, No. 24-1461 (3d Cir. Sept. 12, 2025), the Third Circuit, while agreeing that a party’s unsworn statement should be disregarded on a Fed. R. Civ. P. 56(a) summary judgment motion, holds that the district court…
Eleventh Circuit Closes Off Resort to Fed. R. Civ. P. 41(a) to Dismiss Remaining Claims as an Expedient to Appeal Contested Claims Dismissed Under Fed. R. Civ. P. 54(b)
The Eleventh Circuit, in CMYK Enterprises, Inc. v. Advanced Print Technologies, LLC, No. 24-13766 (11th Cir. Sept. 12, 2025), rejects a common tactic used by parties to speed-up the appeal of a partial dispositive order, i.e., voluntarily dismissing the…
Fifth Circuit Holds That 28 U.S.C. § 1359 Precludes Appointment of a “Sham” Trustee to Create Diversity Jurisdiction
In Fugedi v. Initram, Inc., No. 24-40283 (5th Cir. Sept. 9, 2025), the Fifth Circuit affirms dismissal of a case for lack of diversity jurisdiction, holding that appointment of a supposedly diverse trustee was a sham in violation of…