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”
Tag Archives: Adversity
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”
On Third Go-Around in Fifth Circuit, Court Holds That Plaintiffs Forfeited a Law-of-the-Case Argument by Not Seeking Rehearing of the Second Panel Decision
In Pool v. City of Houston, No. 24-20138 (5th Cir. Jan. 2, 2026), the Fifth Circuit affirms a post-judgment vacatur of attorney’s fees after the original judgment in plaintiff’s favor was vacated by the Fifth Circuit for lack of subject-matter jurisdiction. While the plaintiffs may have had a valid law-of-the-case argument to otherwise sustain theContinue reading “On Third Go-Around in Fifth Circuit, Court Holds That Plaintiffs Forfeited a Law-of-the-Case Argument by Not Seeking Rehearing of the Second Panel Decision”
Lawsuit to Unseal Court Records Fails Because No Defendant Was Named, Holds Eighth Circuit
In Reporters Committee for Freedom of the Press v. United States of America, No. 22-3326 (8th Cir. Mar. 1, 2024), the Eighth Circuit affirms dismissal of an action for lack of jurisdiction on the ground that there was no “adversity” between the parties, owing to the supposed failure of plaintiff to name a defendant inContinue reading “Lawsuit to Unseal Court Records Fails Because No Defendant Was Named, Holds Eighth Circuit”
Lack of “Adversity” Between Litigants Over a Constitutional Question Deprives Court of Article III Case or Controversy, Holds Fifth Circuit
In Pool v. City of Houston, No. 22-2049 (5th Cir. Dec. 11, 2023), the Fifth Circuit dismisses a four-year-old First Amendment case for lack of subject-matter jurisdiction, where the court determines that “all parties have agreed from the beginning . . . that Houston’s [challenged] voter registration provisions governing circulators” are unconstitutional, and thus theContinue reading “Lack of “Adversity” Between Litigants Over a Constitutional Question Deprives Court of Article III Case or Controversy, Holds Fifth Circuit”
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