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In Grunt Style LLC v. TWD, LLC, the Seventh Circuit issued a limited remand for the district court to correct an oversight in its final judgment. In the course of doing so, the court spoke at some length about the problems of—and potential solutions to—judgments that fail to mention one or more claims.…

Disclosure: I filed amicus briefs in support of the petitioner in Parrish in both the Fourth Circuit and the Supreme Court.

In Parrish v. United States, the Supreme Court held that a notice of appeal filed before the appeal period is reopened under Federal Rule of Appellate Procedure 4(a)(6) relates forward to the date reopening is granted.…

In People ex rel Harrison v. Express Scripts, Inc., the Ninth Circuit held that an appeal from a remand order does not automatically stay the remand. In so holding, the Ninth Circuit weighed in on the split over whether the Supreme Court’s recent decision in Coinbase, Inc. v. Bielski requires a stay after a remand appeal.…

In United States v. Riojas, the Fifth Circuit held that the government can waive or forfeit the waivers inherent in an unconditional guilty plea. That’s because waiver (as the Fifth Circuit recently said in an unrelated context) is not jurisdictional. So there is no requirement that a court of appeals raise or enforce an unconditional guilty plea on the court’s own initiative.…

In Union Pacific Railroad Co. v. Illinois Mine Subsidence Insurance Fund, the Seventh Circuit held that it lacked jurisdiction to immediately review an order that narrowed the potential injunctive relief in an action.

The plaintiff in Union Pacific sought to permanently enjoin the defendant from bringing certain claims against the plaintiff.…

May saw several decisions on effective injunction denials. One of those decisions raised an interesting question about the Supreme Court’s test for when a district court order effective denies a preliminary injunction.

In other developments, the Fifth Circuit sat en banc to jettison its rule barring review of waiver-based remands. Other decisions addressed the finality implications of subsumed theories of relief and resetting the appeal clock in post-judgment proceedings.…

In Heidi Group, Inc.v. Texas Health and Human Services Commission, the Fifth Circuit reviewed the denial of federal and state immunities but declined to exercise pendent appellate jurisdiction over other issues. In the course of doing so, one judge questioned the collateral-order doctrine’s application to state immunities, and the entire court questioned the doctrine of pendent appellate jurisdiction.…

The Supreme Court granted cert in GEO Group, Inc. v. Menocal. The case asks if defendants can immediately appeal from the denial of derivative sovereign immunity via the collateral-order doctrine. I wrote about the petition and the underlying circuit split earlier this year. And I wrote about the Tenth Circuit decision from which the petition stems last November.…

Injunction appeals have been in the spotlight of late. We’ve seen a few recent decisions on appeals from temporary restraining orders. And this month has already produced three cases involving effective denials of preliminary injunctions.

One of these cases raised a question about the test for effective—and thus appealable—injunction denials.…

In Abraham Watkins Nichols Agosto Aziz & Stogner v. Festeryga, the en banc Fifth Circuit held that 28 U.S.C. § 1447(d) does not bar review of waiver-based remands. In so holding, the court overruled its decision in In re Weaver.…