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Last week saw only one case of note.

In Guerrier v. Garland, the Ninth Circuit held that the Supreme Court’s decision in DHS v. Thuraissigiam abrogated the Ninth Circuit’s “colorable constitutional claim” exception to the limits on reviewing expedited removal orders.…

Last week saw two cert denials in cases I’ve been following, one on the jurisdictionality of immigration exhaustion and another on jurisdiction to review FISA Court orders. In the courts of appeals, the Sixth Circuit explained that it can review jurisdictional dismissals—despite those dismissals’ being without prejudice—because the district court is finished with the case.…

After several relatively uneventful weeks, last week saw a variety of interesting appellate-jurisdiction decisions.

Two courts addressed pendent appellate jurisdiction issues. In an injunction appeal, the Ninth Circuit refused to extend pendent appellate jurisdiction to an order dismissing some claims. And in a state-sovereign-immunity appeal, the First Circuit addressed the plaintiffs’ standing.…

Last week saw another court hold that defendants can immediately appeal the denial of FSIA immunity in a criminal case. In other decisions, the Eleventh Circuit extended pendent appellate jurisdiction to review a summary-judgment decision as part of an injunction appeal. And the Ninth Circuit held that the expiration of the time to amend a dismissed complaint resulted in a final, appealable decision.…

Last week saw three decisions of note. The Sixth Circuit held that discovery orders under 28 U.S.C. § 1782 are “final decisions” for purposes of appeal. Proceedings under § 1782 exist entirely to obtain discovery. So the discovery order marks the end of litigation and is a final, appealable decision. In so holding, the Sixth Circuit joined several other circuits that have addressed the issue.…

Once again, there are only a few decisions of note from the last week. The Fifth Circuit explained that litigants can wait until the entry of a final judgment before moving to reconsider an interlocutory decision. And the Third Circuit refused to use pendent appellate jurisdiction to review the denial of a motion to amend alongside an injunction appeal.…

Last week saw two appellate-jurisdiction decisions of note. The First Circuit reviewed an abstention-based remand. In the course of doing so, the court addressed its power to order a district court to retrieve a remanded case from state court. And the Ninth Circuit dismissed a qualified-immunity appeal insofar as the defendant challenged causation—a factual issue over which the court of appeals lacked jurisdiction.…

It was another slow week, with only two decisions of note. The First Circuit used mandamus to review a discovery order that implicated legislative privilege. And Judge Willett dissented from an opinion reversing the denial of qualified immunity. According to Judge Willett, the majority had evaded the normal jurisdictional limits on reviewing the factual basis for an immunity denial.…

Last week saw only two decisions of note. The Sixth Circuit discussed whether an appellant can amend its notice of appeal (rather than file a second notice) to include a post-judgment decision on expert-witness fees. And Judge Tjoflat of the Eleventh Circuit wrote a concurrence on jurisdiction to review denials of qualified immunity at summary judgment.…

Last week, the Fifth Circuit refused to dismiss a private defendant’s appeal in a challenge to Texas’s new abortion restrictions. But the court’s explanation is inscrutable, and the grounds for appellate jurisdiction don’t make sense.

There were also two decisions involving the exercise of pendent appellate jurisdiction. The Eleventh Circuit’s embraced municipal piggybacking in qualified-immunity appeals.…