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The Fifth and Federal Circuits cannot agree on where appeals of Walker Process claims belong. These claims allege that someone violated the Sherman Act by fraudulently obtaining a patent. The Federal Circuit—which has exclusive jurisdiction over claims arising under the patent laws—thinks that these cases do not arise under the patent laws.…

The most interesting decision from last week (to me, at least) addressed whether a voluntary dismissal after an adverse interlocutory order affected jurisdiction. There was also a Second Circuit decision on the appealability of interlocutory writs of execution (though the court determined that the order was “final,” so “interlocutory” might not be an accurate description).…

Litigants sometimes try to create a final, appealable decision by voluntarily dismissing some or all of their claims. These dismissals fall under the banner of manufactured finality, and they come in several forms. A litigant who loses on some claims might voluntarily dismiss its remaining claims and then appeal the loss.…

There is too much to talk about from last week. Let’s start with the D.C. Circuit’s decision on the appealability of PREP Act immunity.…

Last week had several decisions of note. The Eleventh Circuit had me wondering if pendent appellate jurisdiction is ever necessary. The Eighth Circuit addressed its jurisdiction after an appellee had voluntarily dismissed some of its claims without prejudice, though that discussion was probably unnecessary. The Eleventh Circuit allowed an appeal from the denial of sovereign immunity under Florida law.…

Pendent appellate jurisdiction allows a court of appeals to extend jurisdiction over a decision that would not normally be immediately appealable when the court has jurisdiction over another, related decision. Used almost entirely in the context of interlocutory appeals, pendent appellate jurisdiction says that the normally non-appealable issue piggybacks on the appealable one.…

It was another packed week of appellate-jurisdiction decisions, particularly in the Sixth Circuit. Let’s start with one of my favorite topics, cumulative finality.…

Lots of decisions this week. Let’s start with a pair of cases that rejected municipalities’ attempts to tag along with their employees’ qualified-immunity appeals.…

Last week had a bunch of decisions of note. Let’s jump right in with orders transferring a motion to quash a subpoena.…

Last week, the Fifth Circuit addressed non-party discovery appeals and the time for appealing interlocutory orders. The Sixth Circuit allowed the disclaim-on-appeal tactic to save an appeal after some claims were dismissed without prejudice. That court also refused to relate forward a notice of appeal filed after a magistrate judge’s report and recommendation.…