Paul Mollica's Federal Courts Blog

Ninth Circuit Holds That A Federal Court May Exercise Supplemental Jurisdiction Over a State Law Claim Even Where the Federal Claim is a Permissive Counterclaim Under Fed. R. Civ. P. 13(b)

In Zunun Aero, Inc. v. The Boeing Co., No. 24-5212 (9th Cir. Aug. 26, 2026), on a petition for panel rehearing, the Ninth Circuit holds that a federal court may exercise supplemental jurisdiction over state-law claims, under 28 U.S.C. § 1367(a), even where the federal-law claim is a permissive counterclaim under Fed. R. Civ. P.…

by pwmollica1961 August 26, 2026

D.C. Circuit Cuts Pro Se Litigants Some (But Not Unlimited) Slack on Filing a Late Notice of Appeal Under Fed. R. App. P. 4(a)(1)

In Rudometkin v. Driscoll, No. 25-5033 (D.C. Cir. Aug. 24, 2026), the D.C. Circuit considers its jurisdiction over two pro se notices of appeal filed beyond the 30- or 60-day deadline. It holds that “if a pro se notice of appeal can reasonably be read as recognizing that the appeal is late, providing reasons for…

by pwmollica1961 August 24, 2026

Seventh Circuit Cleans Up Intra-Circuit Split of Authority on Standard of Appellate Review of Orders Denying Arbitration

In Moore v Club Exploria, LLC, No. 25-2721 (7th Cir. Aug. 18, 2026), the Seventh Circuit grapples with a divide in the case law about whether district court orders denying arbitration are reviewed deferentially or de novo. The court concludes that clear-error review applies unless the reviewing the order “requires us to elaborate on this…

by pwmollica1961 August 19, 2026

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