final decisions
A blog on appellate jurisdiction and procedure.
By Bryan Lammon
Latest Posts
The Administrative-Remand Rule & Cross Appeals
The Ninth Circuit pointed out that if the administrative-remand rule makes an order final, everyone—not just the government—can appeal.
Post-Judgment Motions & the Appeal Clock for Interlocutory Orders
The Fourth Circuit held that a motion to reconsider an order reset the time to appeal, even though the order was interlocutory and the motion didn’t cite Rule 59(e).
Finality in § 1782 Proceedings
The Ninth Circuit held that a discovery order under 28 U.S.C. § 1782 was not appealable until the district court resolved any objections to the discovery request.
No Perlman Appeals When the Same Issues Could Be Raised via Contempt
The Eleventh Circuit held that a privilege claimant cannot take a Perlman appeal when the claimant could have raised the same issues via its own contempt appeal.
Serving, Filing, and Equitable Exceptions to Rule 4(a)(4)
The Second Circuit reiterated its rule that a post-judgment motion must be timely filed—not merely served—to reset the appeal clock. The court added that Rule 4(a)(4) does not allow for equitable exceptions and addressed an order-designation issue, too.
Yet Another Split Rejection of Pure Bivens Appeals
The Ninth Circuit joined the Third and Tenth Circuits in rejecting pure Bivens appeals. But like those courts, the Ninth’s decision was split.
About
Final Decisions covers appellate jurisdiction and procedure: recent decisions, cert petitions, scholarship, rule changes, and more—including regular roundups of notable decisions and developments.
Bryan Lammon is law professor at the University of Toledo College of Law. He studies federal appellate jurisdiction and procedure, primarily if and when litigants can appeal.