Paul W. Mollica Federal Courts Blog

Blog Authors

Latest from Paul W. Mollica Federal Courts Blog

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

In Rosenthal v. Bloomingdales.com, LLC, No. 23-1683 (1st Cir. May 9, 2024), a First Circuit panel holds that the inclusion of a session replay provider (SRP) on a commercial website hosted out of state, which allegedly permitted surveillance of customers, did not create grounds for specific personal jurisdiction against the store in the state

In a terse five-page opinion, an Eighth Circuit panel in Wade v. Pottawattamie Cnty. No. 23-1059 (8th Cir. May 7, 2024), reverses a decision that dismissed, on personal jurisdiction grounds, a lawsuit against an Iowa county in a personal injury case involving a deputy crossing state lines.

“The unfortunate chain of events began when

In J.C. Penney Corporation, Inc. v. Oxford Mall, LLC, No. 22-12461 (11th Cir. May 1, 2024), the Eleventh Circuit affirms in full an attorney’s fee sanction, awarded against a defendant that was found to have withheld information for fifteen months that the parties were not diverse for purposes of 28 U.S.C. § 1332 subject-matter

In Coomer v. Make Your Life Epic LLC, No. 23-1109 (10th Cir. Apr. 23, 2024), the Tenth Circuit dismissed an attempted appeal of an order denying a “special motion to dismiss” under a state anti-SLAPP statue, holding that it did not fit within the confines of the collateral-order doctrine.

Many jurisdictions have anti-SLAPP (Strategic

In United States v. Benton, No. 23-3028 (D.C. Cir. Apr. 19, 2024), while affirming the conviction of a political consultant for felonies stemming from an unlawful contribution and related campaign-finance filings, the panel holds (among other things) that the defendant’s presidential pardon of a prior conviction did not bar its use as “bad acts”

In a published order, In re Space Exploration Technologies, No.  24-40103 (5th Cir. April 17, 2024), the Fifth Circuit denies en banc rehearing of a 2-1 panel order denying mandamus to vacate a district court’s decision under 28 U.S.C. § 1406(a) to transfer plaintiff SpaceX’s suit challenging the constitutionality of hearings before the National

In Casola v. Dexcom, Inc., No. 23-55403 (9th Cir. Apr. 10, 2024), the Ninth Circuit rejects a California corporation’s attempt to avoid the forum-defendant rule by filing removal petitions in federal court under 28 U.S.C. § 1441(a) even before the cases were docketed in California state court.

The forum-defendant rule is an exception to

In In re Fort Worth Chamber of Commerce, No. 24-10266 (5th Cir. Apr. 5, 2024), a 2-1 panel holds that a court in the Northern District of Texas exceeded its jurisdiction by transferring a case to the District for the District of Columbia under 28 U.S.C. § 1404(a) after a notice of appeal had already