Articles Tagged: Litigation Strategy
The Sixth Circuit’s April 28, 2026 disposition in Nonprecedential Opinion, No. 23-3645, appears to be just what its caption suggests: a nonprecedential ruling that resolves the parties’ dispute without creating binding circuit law. Even so, these unpublished decisions are often useful to practitioners because they show how the court is applying settled standards in day-to-day appeals—and what arguments are gaining traction with the panel.
Because the opinion is expressly nonprecedential, its immediate doctrinal impact is limited.
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.
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 Supreme Court remained the center of attention in the legal news cycle on April 16, even without an obvious blockbuster merits opinion emerging from the day’s accessible reporting. That is notable in itself. For lawyers tracking the Court, some of the most important days are not defined by a headline-grabbing ruling, but by the way the Court’s posture shapes what the rest of the legal system is watching.
In practical terms, today’s court-driven momentum appears to have come more from lower-court and trial-level developments than from a fresh Supreme Court merits decision.


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