Paul Mollica's Federal Courts Blog

A Negligent Discovery Violation Is Not “Misconduct” to Support Relief from Judgment Under Rule 60(b)(3), Holds Second Circuit

In Adidas America, Inc. v. Thom Browne, Inc., No. 24-1510 (2d Cir. Apr. 29, 2026), the Second Circuit affirms denial of a motion for relief from a final judgment under Fed. R. Civ. P. 60(b)(2) and (b)(3), in a case where the plaintiff learned belatedly that the defendant failed to disclose several relevant emails during…

by pwmollica1961 April 29, 2026

Two Circuits Address Scott v. Harris and Video Evidence in Assessing Qualified Immunity for Police Officers Under 42 U.S.C. § 1983

In Smith v. Miami Valley Hosp., No. 24-3983 (6th Cir. Apr. 20, 2026) and Perez v. Guetschow, No. 25-1617 (7th Cir. Apr. 20, 2026), two panels decide interlocutory appeals of qualified immunity decisions under 42 U.S.C. §1983 where the central issue is video evidence, per Scott v. Harris, 550 U.S. 372 (2007). In each case,…

by pwmollica1961 April 20, 2026

Split Fifth Circuit Panel Grants Mandamus to Order Venue Transfer Under 28 U.S.C. § 1404(a), Holding That District Court Erred in Relying on Court Congestion as a Controlling Factor

The Fifth Circuit has been the site of vexing and notorious venue battles, as parties jostle to forum shop – or avoid – districts in Texas and Louisiana. In In re Google, No. 25-40788 (5th Cir. April 7, 2026), a 2-1 panel holds that the district court clearly abused its discretion in denying defendant Google,…

by pwmollica1961 April 10, 2026April 10, 2026

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