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
Paul W. Mollica Federal Courts Blog
The Paul W. Mollica Federal Courts Blog, published by Paul W. Mollica, focuses on federal court litigation and procedural issues. It covers topics such as service of process under the Hague Service Convention, standards of appellate review in criminal cases, tribal court jurisdiction over nonmembers, indispensable parties in diversity jurisdiction cases, and personal jurisdiction in art ownership disputes. The blog analyzes recent federal appellate decisions addressing civil procedure, jurisdictional questions, and the interplay between federal and tribal law. It also discusses the application of federal rules of civil and criminal procedure and their impact on litigation strategy and court rulings.
Latest from Paul W. Mollica Federal Courts Blog - Page 2
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…
Split Fifth Circuit Panel Holds That A Vape Manufacture Had a Seventh Amendment Right to a Jury Trial in an HHS Action to Collect Civil Penalties
In Texas Tobacco Barn v. HHS, No. 25-60200 (5th Cir. June 30, 2026), a 2-1 panel holds that a manufacturer of vape products was entitled to a jury trial in an Article III court when the U.S. Department of…
Seventh Circuit Holds That “Local Event or Occurrence” Exception in Class Action Fairness Act, 28 U.S.C. § 1332(d)(11)(B)(ii)(I), Is Jurisdictional and Thus Non-Waivable, Even If Omitted from Plaintiff’s Motion for Remand
In Craig v City of Richmond, Ind., No. 26-1864 (7th Cir. June 18, 2026), in an issue of first impression, the panel holds that a district court may sua sponte remand a removed case to state court under the…
Even Where the Underlying Defense Is Qualified Immunity, There is No Collateral-Order Appeal from a District Court’s Denying a Dispositive Motion That Exceeds the Page Limits Set by Local Rules, Holds Tenth Circuit
In Jefferson v. Moore, No. 25-3020 (10th Cir. June 5, 2026), the Tenth Circuit dismisses an appeal of a qualified immunity defense where the district court “denied the motion without prejudice” because “Defendants’ motion exceeded the page limits set…
District Court’s Failure to Adjudicate Qualified Immunity “At the Earliest Possible Stage in the Litigation” Subject to Appeal Under Collateral-Order Doctrine, Holds Fifth Circuit
In Wertenbroch v. Hardeman, No. 25-40616 (5th Cir. June 3, 2026), the Fifth Circuit holds that even a non-response by a district court to a motion for qualified immunity can serve as an “implicit denial . . . that…
Divided Sixth Circuit Panel Queries Diversity Jurisdiction in Case Against a Lloyd’s of London “Syndicate” of Underwriters
In Halbower v. Hiscox Syndicate 33 of Lloyd’s of London, No. 25-1152 (6th Cir. May 29, 2026), the panel unanimously remands an insurance dispute to reconsider diversity jurisdiction where the defendant is a Lloyd’s of London “Syndicate,” an unincorporated…
“Administrative Termination” of a Post-Judgment Motion Did Not “Dispos[e] Of” It for Fed. R. App. P. 4(a)(4)(A) Tolling Purposes, Holds Eleventh Circuit
In Khatabi v. Car Auto Holdings LLC, No. 24-12573 (11th Cir. May 28, 2026), the Eleventh Circuit holds that the “administrative termination” of a Fed. R. Civ. P. 50 and 59 motions to facilitate a post-trial mediation was not…
While Noting That the District Court Legally Erred in Its CAFA Remand, the Sixth Circuit Nevertheless Holds That the Defendant Forfeited Its Chance to Timely Challenge the Order
In Ewalt v. GateHouse Media Ohio Holdings, No. 25-4015 (6th Cir. May 22, 2026), the Sixth Circuit agrees with the defendant that the district court ought not have remanded this CAFA (Class Action Fairness Act) case after denying class…
Sixth Circuit Overrules Authority That Required “Clear and Convincing” Proof on a Fed. R. Civ. P. 65 Motion for a Preliminary Injunction
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…