Paul Mollica's Federal Courts Blog

District Court May Not Grant Fed. R. Civ. P. 12(b)(6) Motion Solely Because Plaintiff Failed to Oppose It, Holds Fourth Circuit

In Guzman v. Acuarius Night Club LLC, No. 24-1555 (4th Cir. Feb. 13, 2026), the Fourth Circuit holds that “failing to oppose a Fed. R. Civ. P. 12(b)(6) motion is not a sufficient ground for a court’s concluding that a complaint fails to state a claim upon which relief can be granted.” Plaintiffs are “professional…

by pwmollica1961 February 15, 2026

Waiting Sixteen Months Was Not “Reasonable Diligence” to Seek Preliminary Injunction in Free Speech Case, Holds Eighth Circuit

In Kohls v. Ellison, No. 25-1300 (8th Cir. Feb. 9, 2026), the Eighth Circuit affirms denial of a preliminary injunction in a case where the plaintiffs waited “more than sixteen months after the legislature enacted the challenged provisions” to seek relief, finding that lack of urgency underscored a lack of irreparable harm. Plaintiffs sued officials…

by pwmollica1961 February 9, 2026

Geographic-Filtering Mechanism on Website That Enabled Local Sales in New Hampshire Constituted “Purposeful Availment” for Personal Jurisdiction Purposes, Holds First Circuit

In Stokinger v. Armslist, LLC, No. 24-1697 (1st Cir. Feb. 5, 2026), the First Circuit holds that an online marketplace for firearms based in Pennsylvania engaged in “purposeful availment” of New Hampshire because it had a geographic-filtering mechanism on its website that would-be purchasers could use to search for firearms offered for sale where “they…

by pwmollica1961 February 6, 2026

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