Paul Mollica's Federal Courts Blog

Second Circuit Enters Curious Circuit Split Over Whether Article III Subject-Matter Jurisdiction Principles Apply to Article I Courts

In In Re Laura Charlene Goebel, No. 25-103 (2d Cir. 2026), the Second Circuit joins a circuit split over whether Article I bankruptcy courts are constrained by Article III case or controversy requirements. The IRS appealed a decision of a bankruptcy judge not to dismiss a debtor’s pending adversary action for “lack of subject matter…

by pwmollica1961 July 28, 2026

Second Circuit Panel Notes an Oddity in Appellate Review of Fed. R. Civ. P. 59(a) Orders That Creates a Trap for the Unwary

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 circuit follows. Following a jury trial for employment discrimination under the Americans with Disabilities Act which…

by pwmollica1961 July 23, 2026

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 Rule 41(a)(1) stipulation of dismissal, finding that it lacks appellate jurisdiction to review that action. But two…

by pwmollica1961 July 15, 2026

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