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
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.
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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…
Seventh Circuit Lets Pro Se Litigant Off with a Warning About AI Hallucinations in His Brief
In Jones v Kankakee Cnty. Sheriff’s Dep’t, No 25-1251 (7th Cir. Jan. 21, 2026), the Seventh Circuit issues a timely reminder that, however useful generative AI may be, it is still not an automatic brief-writing machine.
“Jones filed a…