Monthly Archives: July 2026

Seventh Circuit Rejects Extension of Fraudulent Joinder Doctrine, as an Exception to Diversity Jurisdiction, to Examination of Whether the Plaintiff’s Legal Team Intends to Pursue Claims Against the Non-Diverse Defendants

In In re Abbott Laboratories, No. 25-2327 (7th Cir. July 28, 2026), the Seventh Circuit reverses an order denying a remand of a products liability case to state court, holding that the district court exceeded the bounds of the fraudulent joinder doctrine by considering whether the plaintiffs’ lawyers “demonstrated sufficient intent to pursue claims against”Continue reading “Seventh Circuit Rejects Extension of Fraudulent Joinder Doctrine, as an Exception to Diversity Jurisdiction, to Examination of Whether the Plaintiff’s Legal Team Intends to Pursue Claims Against the Non-Diverse Defendants”

Second Circuit Enters Curious Circuit Split Over Whether Article III Subject-Matter Jurisdiction Principles Apply to Article I Courts

In In Re Laura Charlene Goebel, No. 25-103 (2d Cir. 2026), the Second Circuit joins a circuit split over whether Article I bankruptcy courts are constrained by Article III case or controversy requirements. The IRS appealed a decision of a bankruptcy judge not to dismiss a debtor’s pending adversary action for “lack of subject matterContinue reading “Second Circuit Enters Curious Circuit Split Over Whether Article III Subject-Matter Jurisdiction Principles Apply to Article I Courts”

Second Circuit Panel Notes an Oddity in Appellate Review of Fed. R. Civ. P. 59(a) Orders That Creates a Trap for the Unwary

In Raymond v. 1199SEIU Nat’l Benefit Fund, No. 25-707 (2d Cir. July 23, 2026), the panel holds that it cannot review a Fed. R. Civ. P. 59(a) order denying a new trial on quirky ground that apparently no other circuit follows. Following a jury trial for employment discrimination under the Americans with Disabilities Act whichContinue reading “Second Circuit Panel Notes an Oddity in Appellate Review of Fed. R. Civ. P. 59(a) Orders That Creates a Trap for the Unwary”

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 twoContinue reading “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”

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,Continue reading “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”