Fifth Circuit's Ho Addresses 'Audition Trap' After Litigant Emailed Judge About Senate Connections
In a concurrence, Judge Ho responds to emails referencing a U.S. Senator sent to a magistrate under consideration for a district court seat.
Practice area · Civil Procedure
D.C. Circuit Vacates Diversity Ruling After Judge Applied Corporate Test to LLC
Per curiam opinion holds that LLC citizenship traces to every member, not the place-of-formation rules that govern corporations.
Third Circuit Says Court That Found Case Unripe Had No Power to Rule on Fee Motion
A federal court that dismisses a case for lack of Article III jurisdiction cannot adjudicate a contract-based fee request and must dismiss it outright.
Eleventh Circuit Rules District Courts May Keep Some State Claims, Dismiss Others After Federal Claims Die
The panel joins three sister circuits in rejecting an all-or-nothing approach to supplemental jurisdiction while reviving a malicious-prosecution claim against Walmart.
Sixth Circuit Says Kentucky's Opioid Suit Against PBMs Belongs in Federal Court
The appeals court held that pharmacy benefit managers' integrated federal and commercial negotiations support removal under the federal officer statute.
Tenth Circuit: IGRA Strips Tribal Immunity for Casino-Siting Suit, But RICO Claims Against Officials Split
In Comanche Nation v. Ware, the court holds that IGRA's abrogation clause reaches suits by any tribe, not just compact parties, while Ex parte Young does not open the door to official-capacity RICO claims absent an enforcement connection.
D.C. Circuit Affirms Injunction Against ITC Probe of Expert Witness
Court rules ITC's investigation into Gregory Sidak for violating a protective order was based on an unconstitutionally appointed ALJ's action.
Vanda FDA Appointment Suit Tossed After D.C. Circuit Petition
A D.C. federal judge said Vanda Pharmaceuticals must press its Appointments Clause fight over FDA's refusal of its tradipitant application in the court of appeals, not district court.
Ninth Circuit Won't Rehear California Switchblade Ban Fight
The Ninth Circuit declined to revisit a Second Amendment challenge to California's switchblade regulations, leaving intact a panel ruling that rejected a facial attack on the law.
D.C. Federal Judge Tosses Inmate’s FSA Credit Release Bid
Judge Randolph D. Moss said Brian Edward Moore appeared to have already received the release-related relief he sought and had previously lost on similar arguments.
Ninth Circuit Revives FCA Suit Over Mortgage Lender's PPP Loan
A published panel ruling says a public PPP database and a company website did not, on this record, bar a qui tam suit accusing CalCon of misrepresenting its loan eligibility.
Seventh Circuit Upholds SBA's $20M PPP Group Cap
The panel said the SBA acted within its emergency authority when it treated commonly controlled nursing homes as one corporate group for Paycheck Protection Program limits.
Seventh Circuit Backs SBA's PPP Cap For Nursing Home Group
The panel said the SBA could apply a $20 million corporate-group limit to commonly controlled nursing homes seeking Paycheck Protection Program forgiveness.
First Circuit Backs CDC's 6-Month Age Rule For Imported Dogs
The panel said the dog-import rule fits the CDC's inspection authority and was rationally tied to preventing rabies and vaccination-document fraud.
D.C. Federal Judge Tosses Pro Se 'Defense' Equipment Suit
A District of Columbia federal judge granted a pro se plaintiff pauper status but dismissed his complaint without prejudice, finding its allegations too frivolous to support jurisdiction.
D.C. Judge Sends Student's IDEA Remedy Dispute Back To Hearing Officer
A District of Columbia federal judge adopted a magistrate judge's recommendation and ordered a hearing officer to further explain parts of an IDEA decision involving extended school year services and compensatory education.
Supreme Court Sends Evidence Rule 801 Amendment To Congress
The justices adopted an amendment to the federal hearsay rule that is slated to take effect Dec. 1, 2026, absent congressional action.
Justices Dissent As High Court Skips Prisoner Fee-Splitting Fight
Justice Sonia Sotomayor said the court should have taken up whether indigent prisoners suing together must each pay a full federal filing fee.
Fifth Circuit Tosses Helipad Nuisance Appeal As Premature
The Fifth Circuit said neighbors challenging a New Orleans hospital’s relocated helipad must wait for final judgment before appealing a ruling that blocked their requested permanent injunction.
D.C. Federal Judge Trims Emotional-Distress Claim From WMATA Bus Crash Suit
Judge Richard J. Leon said the plaintiffs did not oppose WMATA's partial dismissal bid and had not pleaded serious, verifiable emotional distress.
Sotomayor Flags Batson Prejudice Split In Cert Denial
Justice Sonia Sotomayor said Mississippi's rule for proving prejudice from counsel's mishandling of a Batson challenge is likely wrong, but the case was not a proper vehicle for review.
Supreme Court Says State Emergency Immunity Can't Bar Federal Claims
The justices reversed a Louisiana appellate ruling that applied a state public-health emergency immunity statute to defeat federal claims against a physical therapy provider.
Alito Temporarily Freezes 5th Circ. Order In Danco Dispute
Justice Samuel Alito issued an administrative stay of a Fifth Circuit order while the Supreme Court awaits a response to Danco Laboratories' application.
Roberts Pauses D.C. Circuit Mandate In Herridge Case
Chief Justice John G. Roberts Jr. stayed a D.C. Circuit mandate involving Catherine Herridge while the Supreme Court considers a stay application.
Justices Set 80 Minutes For Argument In Trump Cases
The U.S. Supreme Court partly granted a request for divided argument and expanded time while denying an amici bid to take part.
Sotomayor Halts 2nd Circ. Mandate In Marcos Creditors Dispute
Justice Sonia Sotomayor recalled and stayed a Second Circuit mandate while the Supreme Court considers an application from a class representative for judgment creditors of the Ferdinand Marcos estate.
Justice Jackson Temporarily Pauses SNAP Funding Orders
The emergency order gives the First Circuit time to rule on the government’s bid to stay Rhode Island federal court directives requiring full November SNAP funding.
Sotomayor Lifts Stay In Marcos Judgment Creditors Funds Fight
Justice Sonia Sotomayor denied a stay request after the government said disputed funds would remain in the United States while any certiorari petition is pending.
Eighth Circuit Upholds Continental Resources Fee Awards In North Dakota Landowner Fight
The panel affirmed more than $793,000 in attorneys' fees for surface landowners, while a concurrence said the district court's lodestar analysis erred but did not warrant reversal.
D.C. Judge Pauses Beberman Grievance Case For Transfer Fight
A D.C. federal judge stayed Julie Beberman's case while a related Virgin Islands action over Foreign Service grievance proceedings may be transferred to Washington.
Gorsuch Says High Court Should Revisit Civil Jury Right Against States
The Supreme Court denied review in a Humboldt County case, but Justice Gorsuch said the justices should soon reconsider precedent refusing to apply the Seventh Amendment civil jury right to the states.
Supreme Court Revives Bost Challenge To Illinois Mail-Ballot Rule
The justices held that candidates have standing to challenge vote-counting rules in their own elections, sending Rep. Michael Bost's challenge to Illinois' post-election mail-ballot receipt deadline back to the lower courts.
High Court Lets Chevron Keep Louisiana Coastal Suit In Federal Court
The justices said Chevron plausibly tied challenged World War II crude-oil production to federal aviation-gasoline refining duties, vacating a Fifth Circuit remand ruling.
Sotomayor Says Hague Review Split Merits High Court Attention Despite Cert Denial
The justice said the standard for reviewing whether a child is well settled under the Hague Convention has divided federal appeals courts, but changed circumstances made the case a poor vehicle for review.
High Court Says Enbridge Removed Line 5 Suit Too Late
The Supreme Court held that the 30-day deadline for removing civil cases to federal court cannot be equitably tolled, sending Michigan's Line 5 lawsuit against Enbridge back to state court.
FTC Orders Divestiture In 365 Retail's $848M Cantaloupe Deal
The FTC said 365 Retail must sell Cantaloupe's Three Square Market business to Seaga to resolve concerns that the micromarket kiosk deal would raise prices and weaken interoperability competition.
Justices Let Truck Crash Suit Against Freight Broker Proceed
The U.S. Supreme Court said the FAAAA's motor-vehicle safety exception saves a negligent-hiring claim against C.H. Robinson from federal preemption.
Justices Revive Havana Docks' Helms-Burton Suits Against Cruise Lines
The Supreme Court said cruise lines may face Title III liability for using Havana port docks confiscated after the Cuban Revolution, even though Havana Docks' concession would have expired before the cruises at issue.
FTC Seeks Input On Northrop Bid To End Orbital ATK Merger Order
Northrop Grumman is asking the Federal Trade Commission to reopen and set aside a 2018 consent order that imposed supply and firewall obligations after its Orbital ATK acquisition.
Eighth Circuit Says OSHA Penalty Collection Suit Came Too Late
The Eighth Circuit held that the government cannot use the Debt Collection Improvement Act to sidestep the five-year limitations period for collecting OSHA civil penalties.