In Gun Owners of America, Inc. v. U.S. Dep’t of Justice, No. 24-1881 (6th Cir. Oct. 30, 2025), the Sixth Circuit holds that the possibility that a new U.S. Administration in 2029 might not be a sympathetic to gun rights as the current one did not warrant an exception to mootness in a challenge toContinue reading “The Prospect of a New, Future Administration in the White House Does Not Rescue a Gun-Rights Case from Mootness, Holds Sixth Circuit”
Monthly Archives: October 2025
Second Circuit Overrules Clear-Error Standard Sometimes Used by District Courts to Review Report and Recommendations by Federal Magistrate Judges Under Fed. R. Civ. P. 72(b)
In Nambiar v. The Central Orthopedic Group, LLP, No. 24-1103 (2d Cir. Oct. 28, 2025), the Second Circuit disaffirmed the clear-error standard of review applied by some district courts in the circuit to review Report and Recommendations (“R&R”) issued by federal magistrate judges. The panel holds that any portion of an R&R to which aContinue reading “Second Circuit Overrules Clear-Error Standard Sometimes Used by District Courts to Review Report and Recommendations by Federal Magistrate Judges Under Fed. R. Civ. P. 72(b)”
Citing the Probate Exception, Sixth Circuit Holds District Court Lacked Equitable Jurisdiction to Compel Arbitration of Action Proceeding In Rem in State Court
In Johnson v. Johnson, No. 24-2058 (6th Cir. Oct. 24, 2025), the Sixth Circuit affirms dismissal of an action to compel arbitration under Section 4 of the Federal Arbitration Act, holding that – under the probate exception – the lower court lacked equitable jurisdiction to interfere with a state in rem proceeding. The decedent “Mrs.Continue reading “Citing the Probate Exception, Sixth Circuit Holds District Court Lacked Equitable Jurisdiction to Compel Arbitration of Action Proceeding In Rem in State Court”
Splitting With the Fifth Circuit, First Circuit Holds That a Third-Party Claim May Bring a Case Within Appellate Jurisdiction Under 28 U.S.C. § 1292(a)(3)
In United States v. Ernst Jacob GmbH & Co. KG, No. 23-1969 (1st Cir. Oct. 23, 2025), the First Circuit rejects a holding in the Fifth Circuit and holds that a third-party defendant’s complaint for subrogation or contribution is enough to give a U.S. Court of Appeals jurisdiction over an interlocutory appeal under 28 U.S.C.Continue reading “Splitting With the Fifth Circuit, First Circuit Holds That a Third-Party Claim May Bring a Case Within Appellate Jurisdiction Under 28 U.S.C. § 1292(a)(3)”
Lawsuit Against Attorneys for Alleged Conduct During a State-Court Action Not Blocked by Rooker-Feldman Doctrine, Holds Fifth Circuit
In English v. Crochet, No. 25-30074 (5th Cir. Oct. 8, 2025), a Fifth Circuit panel partially reverses a Fed. R. Civ. P. 12(b)(6) dismissal of a diversity case, holding in relevant part that the tort suit is not blocked by the Rooker-Feldman doctrine even though it calls into doubt monetary sanctions entered by a state-courtContinue reading “Lawsuit Against Attorneys for Alleged Conduct During a State-Court Action Not Blocked by Rooker-Feldman Doctrine, Holds Fifth Circuit”
Split Second Circuit Panel Affirms Attorney Fee Sanction Under 28 U.S.C. § 1447(c) Under “Unusual Circumstances,” Where Defendant Continued to Resist a Motion to Remand on Grounds That Federal Courts Widely Rejected After the Original Removal
In The City of New York v. Exxon Mobil Corp., No. 24-1568 (2d Cir. Oct. 3, 2025), a 2-1 panel holds that Exxon could be sanctioned under 28 U.S.C. § 1447(c) for pressing the same grounds for removal that eight U.S. Courts of Appeals had rejected after the original removal. The dissent would hold thatContinue reading “Split Second Circuit Panel Affirms Attorney Fee Sanction Under 28 U.S.C. § 1447(c) Under “Unusual Circumstances,” Where Defendant Continued to Resist a Motion to Remand on Grounds That Federal Courts Widely Rejected After the Original Removal”
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