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District Court Erred Under Fed. R. Civ. P. 15(b) in Conforming Pleadings to Trial Evidence to Allow an Unpled Claim of Retaliation to Go to the Jury, First Circuit Holds

In DiFronzo v. City of Somerville, No. 25-1210 (1st Cir. Sept. 21, 2026), the First Circuit reverses in part a judgment in favor of the plaintiff in a First Amendment retaliation case, holding that one of the plaintiff’s theories at trial—that he was placed on forced leave after being reinstated—was neither pled nor consented to…

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Eleventh Circuit Holds That It Is Not an Abuse of Discretion for District Court to Retain Supplemental Jurisdiction Over Some, But Not All, State-Law Claims After Plaintiff Abandons the Federal-Law Claims

In Mueller v. Walmart Corp., No. 23-12854 (11th Cir. Sept. 16, 2026), the Eleventh Circuit rejects a per se rule that a district court abuses its discretion by retaining supplemental jurisdiction under 28 U.S.C. § 1367(c)(3) over some, but not all, state-law claims after the principal federal law claims are dismissed (after the plaintiff abandoned…

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Fifth Circuit Finds Appellate Jurisdiction and Holds That a State Anti-SLAPP Law Does Not Apply in Federal Court, Widening Circuit Splits on Both Issues

In Sahs v. Loyola Univ. New Orleans, No. 25-30263 (5th Cir. Sept. 11, 2026), a Fifth Circuit panel repudiates prior dicta from a 2016 decision and holds that Louisiana’s anti-SLAPP law is a procedural law that, under Erie principles, does not apply in federal court. In a separate opinion, dubitante, one panelist challenges the panel’s…

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