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.
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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…
Seventh Circuit Holds That “Local Event or Occurrence” Exception in Class Action Fairness Act, 28 U.S.C. § 1332(d)(11)(B)(ii)(I), Is Jurisdictional and Thus Non-Waivable, Even If Omitted from Plaintiff’s Motion for Remand
In Craig v City of Richmond, Ind., No. 26-1864 (7th Cir. June 18, 2026), in an issue of first impression, the panel holds that a district court may sua sponte remand a removed case to state court under the “local event or occurrence” exception, 28 U.S.C. § 1332(d)(11)(B)(ii)(I), even if the plaintiff did not…
Even Where the Underlying Defense Is Qualified Immunity, There is No Collateral-Order Appeal from a District Court’s Denying a Dispositive Motion That Exceeds the Page Limits Set by Local Rules, Holds Tenth Circuit
In Jefferson v. Moore, No. 25-3020 (10th Cir. June 5, 2026), the Tenth Circuit dismisses an appeal of a qualified immunity defense where the district court “denied the motion without prejudice” because “Defendants’ motion exceeded the page limits set by the local rules and, alternatively, that their motion for summary judgment was premature.”
In…
District Court’s Failure to Adjudicate Qualified Immunity “At the Earliest Possible Stage in the Litigation” Subject to Appeal Under Collateral-Order Doctrine, Holds Fifth Circuit
In Wertenbroch v. Hardeman, No. 25-40616 (5th Cir. June 3, 2026), the Fifth Circuit holds that even a non-response by a district court to a motion for qualified immunity can serve as an “implicit denial . . . that is immediately appealable under the collateral-order doctrine.”
Plaintiffs sued the City Manager of Pittsburg, Texas…
Divided Sixth Circuit Panel Queries Diversity Jurisdiction in Case Against a Lloyd’s of London “Syndicate” of Underwriters
In Halbower v. Hiscox Syndicate 33 of Lloyd’s of London, No. 25-1152 (6th Cir. May 29, 2026), the panel unanimously remands an insurance dispute to reconsider diversity jurisdiction where the defendant is a Lloyd’s of London “Syndicate,” an unincorporated group of underwriting members. The panel, nevertheless, splits over the proper analysis.
Syndicates are loose…
“Administrative Termination” of a Post-Judgment Motion Did Not “Dispos[e] Of” It for Fed. R. App. P. 4(a)(4)(A) Tolling Purposes, Holds Eleventh Circuit
In Khatabi v. Car Auto Holdings LLC, No. 24-12573 (11th Cir. May 28, 2026), the Eleventh Circuit holds that the “administrative termination” of a Fed. R. Civ. P. 50 and 59 motions to facilitate a post-trial mediation was not sufficiently conclusive to restart the 30-day clock for filing an appeal under Fed. R. App.…
While Noting That the District Court Legally Erred in Its CAFA Remand, the Sixth Circuit Nevertheless Holds That the Defendant Forfeited Its Chance to Timely Challenge the Order
In Ewalt v. GateHouse Media Ohio Holdings, No. 25-4015 (6th Cir. May 22, 2026), the Sixth Circuit agrees with the defendant that the district court ought not have remanded this CAFA (Class Action Fairness Act) case after denying class certification, but holds that the remand could no longer be challenged after the 30-day window…
Sixth Circuit Overrules Authority That Required “Clear and Convincing” Proof on a Fed. R. Civ. P. 65 Motion for a Preliminary Injunction
In PCC Airfoils, LLC v. Daugherty, No. 25-3794 (6th Cir. May 19, 2026), the Sixth Circuit declares definitively that there is no “clear and convincing” standard of proof on a Fed. R. Civ. P. 65 motion for a preliminary injunction, disaffirming a prior nonprecedential circuit decision and a string of district court opinions citing…
Fourth Circuit Grants Mandamus Holding That Express Scripts Is Entitled to a Jury Trial on a Government Action for Public Nuisance That Seeks to Create an “Abatement Fund”
In In re Express Scripts, Inc., No. 25-2281 (4th Cir. May 15, 2026), the Fourth Circuit grants mandamus to direct that defendant Express Scripts get a jury trial in a public nuisance lawsuit, because at least one remedy sought—an abatement fund for drug rehabilitation—is a classically legal remedy, covered by the Seventh Amendment.
“In…