final decisions
A blog on appellate jurisdiction and procedure.
By Bryan Lammon
Latest Posts
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.
A Rule 4 Conflict: The Prison-Mailbox Rule v. the Mistaken-Filing Rule
The Fifth Circuit held that when an imprisoned appellant mistakenly mails a notice of appeal to the court of appeals, the notice is deemed filed when deposited in the prison mail system.
The Month in Federal Appellate Jurisdiction: September 2024
Another split on pure Bivens appeals, no equitable exceptions for Rule 4(a)(4), another failure to apply the Rule 3(c) amendments, and more.
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.
The Month in Federal Appellate Jurisdiction: August 2024
A new puppy! Plus the appeal clock for fee orders, the scope of § 1292(b) appeals, filter-protocol appeals, and more.
Appealing to Invoke a Non-Party’s Immunity?
The Fourth Circuit dismissed an appeal in which defendants argued that a state agency—which could invoke sovereign immunity—should be joined under Rule 19.
The Fourth Circuit on Filter-Protocol Appeals
The Fourth Circuit held that a privilege claimant could not appeal to challenge filter protocols for potentially protected evidence.
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.