Paul Mollica's Federal Courts Blog

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 party’s suspected incompetency. The plaintiff-appellant urged the court to adopt the Ninth Circuit’s rule on this…

by pwmollica1961 February 25, 2026

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 underlying case law” and were, to all appearances, AI-generated. The opinion drops some hints about what…

by pwmollica1961 February 19, 2026February 20, 2026

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 a complaint fails to state a claim upon which relief can be granted.” Plaintiffs are “professional…

by pwmollica1961 February 15, 2026

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