final decisions

Heck & Judicial Estoppel in Qualified-Immunity Appeals

The Sixth Circuit joined the “no jurisdiction” side of the split on whether courts can review Heck issues as part of a qualified-immunity appeal. But it probably went too far in reviewing a judicial-estoppel argument.

Appellate Jurisdiction Over Denials of Permanent Residence

The Fourth Circuit concluded that courts lack jurisdiction to review the denial of an application for permanent residence.

Delay & Denials of Preliminary Injunctions

Perceived urgency for a ruling on a preliminary-injunction led the Fifth Circuit to conclude that the district court’s delay in deciding amounted to an appealable denial.

Reconsidering a Prior Panel’s Jurisdiction

In a subsequent appeal from the same action, the Sixth Circuit vacated a prior panel decision after concluding that the panel lacked appellate jurisdiction.

Frivolous Federal-Officer Removal

The Seventh Circuit suggested that an invocation of federal-officer removal—which permitted a plenary appeal from a remand order—was frivolous and thus sanctionable.

The Finality of Bankruptcy Court Orders Recognizing Foreign Proceedings

The Eleventh Circuit held that a bankruptcy court order order recognizing a foreign proceeding is final.

The Civil-Appeal Deadline & the Disqualification of Criminal Defense Counsel

The First Circuit applied the civil-appeal deadline to a criminal defense attorney's appeal from a disqualification order.

The Month in Federal Appellate Jurisdiction: March 2024

Reviewing hardship determinations in immigration appeals, reconsidering motions-panel decisions, church-autonomy appeals, CAFA remands, pendent appellate jurisdiction in Rule 23(f) appeals, and much more.

Another Dated Discussion of Rule 3(c)

The Ninth Circuit provided another outdated discussion of Rule 3(c) and the order-designation requirement, overlooking the 2021 amendments to that rule.

The Merger Doctrine After Sanction Dismissals

The Second Circuit held that interlocutory orders do not merge into a final judgment when the action was dismissed as a discovery sanction.

Reconsidering Motions-Panel Decisions on Appeal Dismissals

A divided Eighth Circuit held that a merits panel could review a motions panel’s denial of a motion to dismiss an appeal. The court went on to hold that a purported Rule 59(e) motion did not reset the appeal clock.

The Seventh Circuit Split on Church-Autonomy Appeals

A divided Seventh Circuit held that defendants cannot immediately appeal rejections of the church-autonomy defense.