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Seventh Circuit Holds That “Local Event or Occurrence” Exception in Class Action Fairness Act, 28 U.S.C. § 1332(d)(11)(B)(ii)(I), Is Jurisdictional and Thus Non-Waivable, Even If Omitted from Plaintiff’s Motion for Remand

In Craig v City of Richmond, Ind., No. 26-1864 (7th Cir. June 18, 2026), in an issue of first impression, the panel holds that a district court may sua sponte remand a removed case to state court under the “local event or occurrence” exception, 28 U.S.C. § 1332(d)(11)(B)(ii)(I),  even if the plaintiff did not seek…

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Even Where the Underlying Defense Is Qualified Immunity, There is No Collateral-Order Appeal from a District Court’s Denying a Dispositive Motion That Exceeds the Page Limits Set by Local Rules, Holds Tenth Circuit

In Jefferson v. Moore, No. 25-3020 (10th Cir. June 5, 2026), the Tenth Circuit dismisses an appeal of a qualified immunity defense where the district court “denied the motion without prejudice” because “Defendants’ motion exceeded the page limits set by the local rules and, alternatively, that their motion for summary judgment was premature.” In response…

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District Court’s Failure to Adjudicate Qualified Immunity “At the Earliest Possible Stage in the Litigation” Subject to Appeal Under Collateral-Order Doctrine, Holds Fifth Circuit

In Wertenbroch v. Hardeman, No. 25-40616 (5th Cir. June 3, 2026), the Fifth Circuit holds that even a non-response by a district court to a motion for qualified immunity can serve as an “implicit denial . . . that is immediately appealable under the collateral-order doctrine.” Plaintiffs sued the City Manager of Pittsburg, Texas for…

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