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While Noting That the District Court Legally Erred in Its CAFA Remand, the Sixth Circuit Nevertheless Holds That the Defendant Forfeited Its Chance to Timely Challenge the Order

In Ewalt v. GateHouse Media Ohio Holdings, No. 25-4015 (6th Cir. May 22, 2026), the Sixth Circuit agrees with the defendant that the district court ought not have remanded this CAFA (Class Action Fairness Act) case after denying class certification, but holds that the remand could no longer be challenged after the 30-day window for…

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Sixth Circuit Overrules Authority That Required “Clear and Convincing” Proof on a Fed. R. Civ. P. 65 Motion for a Preliminary Injunction

In PCC Airfoils, LLC v. Daugherty, No. 25-3794 (6th Cir. May 19, 2026), the Sixth Circuit declares definitively that there is no “clear and convincing” standard of proof on a Fed. R. Civ. P. 65 motion for a preliminary injunction, disaffirming a prior nonprecedential circuit decision and a string of district court opinions citing the…

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Fourth Circuit Grants Mandamus Holding That Express Scripts Is Entitled to a Jury Trial on a Government Action for Public Nuisance That Seeks to Create an “Abatement Fund”

In In re Express Scripts, Inc., No. 25-2281 (4th Cir. May 15, 2026), the Fourth Circuit grants mandamus to direct that defendant Express Scripts get a jury trial in a public nuisance lawsuit, because at least one remedy sought—an abatement fund for drug rehabilitation—is a classically legal remedy, covered by the Seventh Amendment. “In this…

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