In Chicago Headline Club v. Noem, No. 25-3023 (7th Cir. Mar. 5, 2026) (per curiam), a Seventh Circuit panel issues a 2-1 decision ordering that, as part of granting the government’s voluntary dismissal of its appeal under Fed. R. App. P. 42(b), the underlying order on appeal be vacated. The case arose from the surgeContinue reading “Seventh Circuit Splits Over Whether to Vacate a District Court Order Against Federal Immigration Agencies Upon a Fed. R. App. P. 42(b)(2) Voluntary Motion to Dismiss”
Author Archives: pwmollica1961
Second Amendment Claim Against State Court Judge Properly Dismissed for Lack of Adversity Under Article III, Holds Second Circuit
In Kellogg v. Nichols, No. 23-8093 (2d Cir. Mar. 5, 2026), the Second Circuit affirms dismissal of a gun-rights case filed against a state court judge who serves as a statutory firearms licensing officer, both on absolute immunity and Article III grounds. The plaintiffs sued “New York state court Judge Jonathan D. Nichols,” in hisContinue reading “Second Amendment Claim Against State Court Judge Properly Dismissed for Lack of Adversity Under Article III, Holds Second Circuit”
Sixth Circuit Reverses a District Court for Exercising Supplemental Jurisdiction and Granting Summary Judgment on a Novel Michigan State-Constitutional Claim
In Williams v. Addison Cmty. Schs., No. 25-1205 (6th Cir. Mar. 2, 2026), the Sixth Circuit issues a rare published opinion reversing a district court for exercising supplemental jurisdiction (28 U.S.C. § 1367(a)), here over a Michigan state-law claim that raised issues of first impression. Plaintiff Williams was removed as President of the Addison CommunityContinue reading “Sixth Circuit Reverses a District Court for Exercising Supplemental Jurisdiction and Granting Summary Judgment on a Novel Michigan State-Constitutional Claim”
Fourth Circuit Holds That Stipulation of Dismissal Without Prejudice Can Be Remedied by Plaintiff Waiver in Appellate Briefing or Argument
In Metz v. McCarthy, No. 24-1820 (4th Cir. Feb. 25, 2026), the Fourth Circuit holds that a stipulation in the district court of dismissal without prejudice, which would deprive the court of appellate jurisdiction, can be repaired on appeal by the expedient of the plaintiff agreeing in briefing or argument that dismissal of all claimsContinue reading “Fourth Circuit Holds That Stipulation of Dismissal Without Prejudice Can Be Remedied by Plaintiff Waiver in Appellate Briefing or Argument”
Fifth Circuit Skirts Question of Application of Fed. R. Civ. P. 17(c) to Party Suspected to Be, But Not Yet Adjudicated As, Incompetent
In Boudy v. McComb Sch. Dist., No. 24-60386 (5th Cir. Feb. 24, 2026), the Fifth Circuit avoids, though bookmarking for another time, whether it is an abuse of discretion to dismiss a case in the face of pro se party’s suspected incompetency. The plaintiff-appellant urged the court to adopt the Ninth Circuit’s rule on thisContinue reading “Fifth Circuit Skirts Question of Application of Fed. R. Civ. P. 17(c) to Party Suspected to Be, But Not Yet Adjudicated As, Incompetent”
Fifth Circuit Gives “What Not to Do” Guidance for the Lawyer Who Learns Too Late That Their Brief Was Filed in Court with AI Hallucinations
In Fletcher v. Experian Inform. Solutions, Inc., No. 25-20086 (5th Cir. Feb. 18, 2026), the Fifth Circuit enters a $2,500 sanction against a lawyer who filed a brief with “quotations, citations, and assertions that were not supported by the underlying case law” and were, to all appearances, AI-generated. The opinion drops some hints about whatContinue reading “Fifth Circuit Gives “What Not to Do” Guidance for the Lawyer Who Learns Too Late That Their Brief Was Filed in Court with AI Hallucinations”
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 “professionalContinue reading “District Court May Not Grant Fed. R. Civ. P. 12(b)(6) Motion Solely Because Plaintiff Failed to Oppose It, Holds Fourth Circuit”
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 officialsContinue reading “Waiting Sixteen Months Was Not “Reasonable Diligence” to Seek Preliminary Injunction in Free Speech Case, Holds Eighth Circuit”
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 “theyContinue reading “Geographic-Filtering Mechanism on Website That Enabled Local Sales in New Hampshire Constituted “Purposeful Availment” for Personal Jurisdiction Purposes, Holds First Circuit”
Third Circuit Joins Split Over Whether Successful Habeas Corpus Litigants Are Entitled to Fees and Costs Under the Equal Access to Justice Act
In Michelin v. Warden Moshannon Valley Corr. Cntr., No. 24-2990 (3d Cir. Feb. 2, 2026), the Third Circuit becomes the fourth U.S. Court of Appeals to hold that the Equal Access to Justice Act fee-shifting provision applies to successful litigants in habeas cases (while two other circuits hold that it does not). The issue isContinue reading “Third Circuit Joins Split Over Whether Successful Habeas Corpus Litigants Are Entitled to Fees and Costs Under the Equal Access to Justice Act”
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