Paul Mollica's Federal Courts Blog

Second Circuit Panel Notes an Oddity in Appellate Review of Fed. R. Civ. P. 59(a) Orders That Creates a Trap for the Unwary

In Raymond v. 1199SEIU Nat’l Benefit Fund, No. 25-707 (2d Cir. July 23, 2026), the panel holds that it cannot review a Fed. R. Civ. P. 59(a) order denying a new trial on quirky ground that apparently no other circuit follows. Following a jury trial for employment discrimination under the Americans with Disabilities Act which…

by pwmollica1961 July 23, 2026

Split Fifth Circuit Panel Grants Mandamus to End a Sixty-Year-Old School Desegregation Case Where Every Remaining Party Filed an Fed. R. Civ. P. 41(a)(1) Stipulation of Dismissal

In In re School Board of Concordia Parish, No. 26-30074 (5th Cir. July 14, 2026), the panel dismisses an appeal by the parties from the District Court’s refusal to terminate a long-running school desegregation case pursuant to a Rule 41(a)(1) stipulation of dismissal, finding that it lacks appellate jurisdiction to review that action. But two…

by pwmollica1961 July 15, 2026

Split Fifth Circuit Panel Holds That A Vape Manufacture Had a Seventh Amendment Right to a Jury Trial in an HHS Action to Collect Civil Penalties

In Texas Tobacco Barn v. HHS, No. 25-60200 (5th Cir. June 30, 2026), a 2-1 panel holds that a manufacturer of vape products was entitled to a jury trial in an Article III court when the U.S. Department of Health and Human Services (HHS) pursued civil penalties against it for alleged violations of the Food,…

by pwmollica1961 July 1, 2026

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