Paul W. Mollica

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In a case involving Stacey Abrams’ New Georgia Project, the Eleventh Circuit holds in New Georgia Project, Inc., et al v. Attorney General, State of Georgia, No. 22-14302 (11th Cir. July 8, 2024), that federal litigation of a challenge to Georgia’s campaign laws must await the conclusion of a state administrative enforcement action against

Another case involving one of my favorite federal common law rules: in United States v. Terabelian, No. 21-50291 (9th Cir. June 27, 2024), the Ninth Circuit dismisses the direct appeal of a criminal conviction on the ground that the defendant removed her location-monitoring device and fled to country to Montenegro before sentencing, citing the

In Tanner-Brown v. Haaland, No. 22-5302 (D.C. Cir. June 25, 2024), the D.C. Circuit reverses dismissal on Article III standing grounds of an action against the U.S. Department of Interior for an accounting, based on an argument only first raised by plaintiff after dismissal in a Fed. R. Civ. P. 59(e) motion to reconsider.

In TB Foods USA, LLC v. American Mariculture, Inc., No. 22-12936 (11th Cir. June 18, 2024), the Eleventh Circuit holds that even when the parties agree to a substitution of a magistrate judge to receive the verdict at the end of a jury trial, they do not necessarily consent to the magistrate performing Article

In Continental Indem. Co. v. BII, Inc., N. 23-1648 (7th Cir. June 12, 2024), the Seventh Circuit affirms dismissal of an action filed under Fed. R. Civ. P. 69 by an insurer against an alleged garnishee, holding that it fell outside the court’s ancillary enforcement jurisdiction. The panel, though, reserves for future consideration whether

In Klayman v. Porter, No. 22-7123 (D.C. Cir. June 11, 2024), the D.C. Circuit strikes down the sanction of “restricting [plaintiff]’s ability to file any related actions or claims for relief in any forum, state or federal,” citing prudential and constitutional limits to federal equitable power.

“In recent years, the District of Columbia Bar’s

In Sherrod v. Wal-Mart Stores, Inc., No. 21-3428 (6th Cir. May 29, 2024), the Sixth Circuit dismisses an appeal of a wrongful death claim against Wal-Mart—presenting truly bizarre facts—where the panel finds that it should not have been certified for appeal under Rule 54(b) because it was too interrelated with unadjudicated causes of action

In United States v. Cloud, No. 22-30044 (9th Cir. May 21, 2024), the Ninth Circuit holds that even before entry of a conviction against the criminal defendant, the United States could appeal a district court order, under the collateral-order, directing the Government to pay monetary sanctions for an alleged Brady violation.

Mid-trial during a

In Meinen v. Bi-State Development Agency, No. 231242 (8th Cir. May 16, 2024), a 2-1 Eighth Circuit panel held that the party’s failure to cite a favorable Eighth Circuit case in the district court thereby forfeited an legal argument based on that case. The dissent notes that this holding creates a split in the