Paul Mollica's Federal Courts Blog

Seventh Circuit Rejects Extension of Fraudulent Joinder Doctrine, as an Exception to Diversity Jurisdiction, to Examination of Whether the Plaintiff’s Legal Team Intends to Pursue Claims Against the Non-Diverse Defendants

In In re Abbott Laboratories, No. 25-2327 (7th Cir. July 28, 2026), the Seventh Circuit reverses an order denying a remand of a products liability case to state court, holding that the district court exceeded the bounds of the fraudulent joinder doctrine by considering whether the plaintiffs’ lawyers “demonstrated sufficient intent to pursue claims against”…

by pwmollica1961 July 29, 2026

Second Circuit Enters Curious Circuit Split Over Whether Article III Subject-Matter Jurisdiction Principles Apply to Article I Courts

In In Re Laura Charlene Goebel, No. 25-103 (2d Cir. 2026), the Second Circuit joins a circuit split over whether Article I bankruptcy courts are constrained by Article III case or controversy requirements. The IRS appealed a decision of a bankruptcy judge not to dismiss a debtor’s pending adversary action for “lack of subject matter…

by pwmollica1961 July 28, 2026

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

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