Articles Tagged: Civil Procedure
A May 15 filing in Daitona Carter, Federal Circuit No. 26-1721, spotlights one of the most consequential forms of interim appellate relief: an emergency stay pending appeal.
A federal judge has closed President Donald Trump’s lawsuit against the IRS and Treasury, but not without raising pointed questions about how the case ended and whether it ever presented a conventional adversarial dispute.
In a May 11, 2026 filing in Michigan Western District Court, the State of Michigan submitted a brief supporting its motion to dismiss the amended complaint in case no. 1:26-cv-00246. At this stage, the State is asking the court to end some or all of the plaintiff’s claims before discovery proceeds, arguing that the amended pleading still does not state a legally viable case.
A motion like this typically tests the sufficiency of the complaint under Rule 12(b)(6), and when the defendant is a state, it often also raises threshold defenses that can dispose of a case early—most notably sovereign immunity, jurisdictional defects, or the plaintiff’s failure to plead around statutory or constitutional limits on suit.
The U.S. Supreme Court has handed climate plaintiffs a meaningful procedural win, ruling that Enbridge could not remove a climate-related suit to federal court after the statutory deadline had passed. The Court rejected Enbridge’s argument that the removal clock under 28 U.S.C. § 1446(b)(1) could be equitably tolled, leaving the case where it began: state court.
That may sound like a narrow civil-procedure dispute, but for litigators following energy and environmental cases, it is a consequential one.
A newly filed joint motion in 1:25-cv-01112 in the Middle District of North Carolina suggests the parties are trying to convert an active emergency dispute into a negotiated procedural reset. View full case on Docket Alarm.
From the docket text, the filing asks the court to enter an agreed order that would, first, deny a pending preliminary injunction motion as moot and, second, grant related relief the parties have apparently negotiated.
The Seventh Circuit’s May 7, 2026 disposition in Nonprecedential Disposition (civil), No. 25-1488, is a reminder that even when an appeal does not produce a published opinion, it can still offer useful guidance for litigators on appellate standards, preservation, and the practical limits of review.
The Ninth Circuit’s May 7, 2026 civil opinion by Judge McKeown appears to be a useful procedural decision for litigators focused on preserving issues for appeal and understanding the scope of appellate review. Although the docket entry does not itself provide the full factual background, the opinion is notable because the court addresses core appellate principles that frequently determine whether a party can obtain relief at all.
At a high level, the court reaffirmed that appellate review is constrained by the record developed below, the arguments actually presented to the district court, and the applicable standard of review.
Walmart Inc. has moved for summary judgment in 1:24-cv-04562 in the Northern District of Illinois, asking the court to resolve the case in its favor without a trial. A summary judgment motion is one of the most consequential filings in civil litigation: it tests whether the nonmoving party has enough admissible evidence to create a genuine dispute of material fact. If not, the court can enter judgment as a matter of law.
At this stage, Walmart is likely arguing that discovery has closed and the evidentiary record does not support one or more essential elements of the plaintiff’s claims.
A newly filed motion in the Southern District of Florida puts a threshold issue front and center: whether the federal court has power to hear the case at all. In Defendant's MOTION to Dismiss for Lack of Jurisdiction 136 Amended Complaint/Amended Notice of R ..., filed April 27, 2026, the defendant challenges the operative amended pleading on jurisdictional grounds, asking the court to dismiss before the case proceeds further on the merits.
At a high level, this kind of motion seeks dismissal under the court’s limited jurisdictional authority, arguing that the amended complaint—or related amended notice—fails to establish a proper basis for federal adjudication.
Defendants Compass, Inc. and United Real Estate Group have moved to stay proceedings in the Northern District of Illinois, asking the court to pause the case while related issues are resolved elsewhere. In practical terms, a stay motion is a request to put the litigation on hold—often to avoid duplicative work, inconsistent rulings, or expensive discovery that may prove unnecessary depending on developments in parallel proceedings.
Although the docket text is truncated, the context strongly suggests this filing arises out of the wave of real estate commission and broker compensation litigation that has followed the industry’s high-profile antitrust battles.
The U.S. Supreme Court remains the center of gravity for several of the most consequential legal developments heading into May 2026, with new rulings and pending matters poised to reshape administrative authority, litigation strategy, and corporate risk planning. For legal professionals, the significance is less about any single headline and more about the cumulative direction of the Court: closer scrutiny of agency action, sharper attention to procedural limits, and continued willingness to resolve disputes with broad downstream effects.
That trend matters immediately for litigators challenging or defending federal action.
Analog Devices, Inc. has filed a motion to dismiss in 1:25-cv-12314 in the District of Massachusetts, signaling an early effort to narrow or end the case before discovery begins in earnest. A Rule 12 motion like this typically argues that, even accepting the complaint’s factual allegations as true, the plaintiff has not stated a legally viable claim. For defendants, that makes dismissal practice one of the most important pressure points in federal litigation.
Although the docket entry itself does not spell out the specific grounds asserted, motions to dismiss in this posture often focus on several familiar themes: failure to plead sufficient facts under the Twombly/Iqbal plausibility standard, lack of a cognizable legal theory, preemption, timeliness, or defects tied to standing or jurisdiction.
The Ninth Circuit’s April 20, 2026 decision in docket No. 23-2527 offers a useful reminder that appellate outcomes often turn as much on procedure and standards of review as on the underlying merits. In an opinion by Judge Milan D. Smith, Jr., the court addressed a civil appeal and clarified how federal appellate courts will evaluate the issues preserved below, the district court’s reasoning, and the appellant’s burden on review.
Although the full significance of the ruling will depend on the underlying claims and procedural posture, the opinion appears to fit squarely within a recurring Ninth Circuit theme: appellants must do more than identify alleged error.
The U.S. Supreme Court has rejected GEO Group’s effort to obtain an immediate appeal in litigation alleging that immigration detainees were forced to work while held in private detention facilities. The ruling does not decide the underlying labor claims, but it is a consequential procedural loss for the private prison company: the detainees’ civil suit moves forward, and GEO cannot pause the case by invoking a contractor version of sovereign immunity.
The dispute centers on whether a private company performing detention services for the federal government should be allowed the same kind of immediate appellate review sometimes available to government officials or entities asserting immunity from suit.


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