Paul Mollica's Federal Courts Blog

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 litigants in habeas cases (while two other circuits hold that it does not). The issue is…

by pwmollica1961 February 2, 2026

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 specify claims against each named defendant, but instead indiscriminately incorporates allegations from one count to the…

by pwmollica1961 January 30, 2026

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 sprawling lawsuit in November 2023, invoking 42 U.S.C. § 1983 and alleging that several municipal and…

by pwmollica1961 January 22, 2026

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