Category Archives: Uncategorized

Split Fourth Circuit Panel Holds That There Was No Injury Fairly Traceable to Maryland State Officials Under the Federal Servicemembers Civil Relief Act, and Thus No Article III Standing by Servicemembers to Enforce the Act

In Rouse v. Fader, No. 25-1004 (4th Cir. Mar. 24, 2026), a 2-1 panel of the Fourth Circuit holds that the plaintiffs—“three married couples, each with one spouse who was an active-duty servicemember”—lacked Article III standing to enforce the Servicemembers Civil Relief Act, 50 U.S.C. § 3902, because no injury was fairly traceable to theContinue reading “Split Fourth Circuit Panel Holds That There Was No Injury Fairly Traceable to Maryland State Officials Under the Federal Servicemembers Civil Relief Act, and Thus No Article III Standing by Servicemembers to Enforce the Act”

Fifth Circuit Clears Up Intracircuit Conflict, Holding That Video Recordings of Depositions Are Taxable as Costs Under Fed. R. Civ. P. 54(d)(1) and 28 U.S.C. § 1920

In Clouse v. Southern Methodist Univ., No. 24-10860 (5th Cir. Mar. 16, 2026), the Fifth Circuit resolves a split among the circuit’s district courts by holding that ordering both video and printed depositions are chargeable as costs under Fed. R. Civ. P. 54(d)(1) and  28 U.S.C. § 1920. The panel thus affirms a total $184,033.11Continue reading “Fifth Circuit Clears Up Intracircuit Conflict, Holding That Video Recordings of Depositions Are Taxable as Costs Under Fed. R. Civ. P. 54(d)(1) and 28 U.S.C. § 1920”

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

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”

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”