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Last week, the Second Circuit explained its discretion to hear a cross-appeal in an appeal under 28 U.S.C. § 1292(b). The Ninth Circuit dismissed as non-final an appeal regarding money an MDL defendant must set aside for a common-benefit fund. The Fifth Circuit dismissed a qualified-immunity appeal that challenged the factual basis for the immunity denial, as a video did not blatantly contradict the plaintiff’s version of events.…

Quick roundup this week, featuring covert mandamus, the scope of immigration appeals, relating forward premature notices of appeal, an amicus appeal, and more.…

There was no roundup last week—for the first time since since I started the weekly roundup in July 2019, I didn’t see any decisions to talk about. But I’m back this week with an appeal from an OSHA warrant, formal defects in a Rule 54(b) partial judgment, post-judgment appeals involving the procedures for selling assets, and more.…

There were only two decisions of note from last week, both from the Eleventh Circuit. One involved a purported injunction appeal before the district court set the terms of the injunction. The other involved the purported stipulated dismissal of all unresolved claims.…

There’s is a lot to talk about from last week, including two opinions that touch on ongoing circuit splits (one involving arbitration appeals, the other involving immigration appeals). We also saw another Federal Circuit mandamus decision involving the refusal to transfer a case out of the Western District of Texas. Plus a bunch of other decisions on a variety of topics.…

In what was probably last week’s most widely read order, the Eleventh Circuit referred to its pendent appellate jurisdiction. The Fifth Circuit dismissed an appeal from a party that could not get an immediate vacatur of an injunction. The Third Circuit addressed diversity jurisdiction, despite that issue not being part of the order certified for an immediate appeal via § 1292(b).…

Last week added to the tale of the Rule 3(c) amendments. Once again, a court overlooked those amendments in discussing whether the order designation in a notice of appeal limited the scope of appeal. And another court—when informed of those amendments—held that they did not apply to a pending case.

In other decisions, a Ninth Circuit concurrence argued that evidence-admissibility issues were within the scope of a qualified-immunity appeal.…

Lots to talk about and not a lot of time to talk. Let’s get to it.…

Last week, two courts discussed the circumstances in which it’s appropriate for district courts to enter partial judgments under Federal Rule of Civil Procedure 54(b). Both took a pretty narrow view of the rule. The Third Circuit addressed the application of 28 U.S.C. § 1292(a)(3) (which grants appellate jurisdiction over “decrees . …

Last week, the First Circuit held that litigants can immediately appeal denials of motions to litigate anonymously. The Sixth Circuit reviewed a denial of derivative state sovereign immunity. It also extended pendent appellate jurisdiction over a summary-judgment decision, as doing so was necessary to review a preliminary injunction. Another court of appeals overlooked the recent amendments to Federal Rule of Appellate Procedure 3(c).…