Paul Mollica's Federal Courts Blog

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

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…

by pwmollica1961 June 22, 2026

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