final decisions

The Month in Federal Appellate Jurisdiction: October 2024

A wide variety of discovery appeals. Plus the prison-mailbox/mistaken-filing rule, appealing the Yearsley doctrine, and more.

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.

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.

Preemption Issues & the Scope of § 1292(b)

The Seventh Circuit concluded that a preemption defense was within the scope of a § 1292(b) appeal over the right to a jury trial.

The Appeal Clock for Attorneys Fees

The Seventh Circuit offered a helpful reminder: the time to appeal an award of attorneys fees runs from the order on fees, not the entry any separate document.

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.