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“Administrative Termination” of a Post-Judgment Motion Did Not “Dispos[e] Of” It for Fed. R. App. P. 4(a)(4)(A) Tolling Purposes, Holds Eleventh Circuit

In Khatabi v. Car Auto Holdings LLC, No. 24-12573 (11th Cir. May 28, 2026), the Eleventh Circuit holds that the “administrative termination” of a Fed. R. Civ. P. 50 and 59 motions to facilitate a post-trial mediation was not sufficiently conclusive to restart the 30-day clock for filing an appeal under Fed. R. App. P.…

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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 P. 65 motion for a preliminary injunction, disaffirming a prior nonprecedential circuit decision and a string of district court opinions citing the…

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