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A few weeks ago, in Edwards v. 4JLJ, L.L.C., the Fifth Circuit held that an appellee could forfeit an objection to the timeliness of a civil appeal. That struck me as odd. Appeal deadlines that come from statutes are jurisdictional. The 30-day deadline for civil appeals comes from a statute: 28 U.S.C.…

Last week saw several qualified-immunity appeals, most of which were dismissed for lack of jurisdiction. Beyond that, the week was relatively uneventful. The Eleventh Circuit heard an appeal from a voluntarily dismissed claim, as the district court had made an interlocutory decision that required the voluntary dismissal. The Seventh Circuit treated bankruptcy’s 14-day appeal deadline as jurisdictional, following that circuit’s caselaw on the issue.…

With rare exceptions, defendants appealing from the denial of qualified immunity at summary judgment can dispute only the materiality of any fact disputes. These defendants cannot argue that the district court erred in concluding that fact disputes were genuine—that is, they cannot dispute the district court’s determination of what a reasonable jury could find.…

Last week saw what I think is the first opinion on the timeliness of an appeal from a pre-Hall judgment. The Sixth Circuit held that a Rule 50(a) motion for judgment as a matter of law is required to file a renewed motion under Rule 50(b). The Sixth Circuit also addressed its jurisdiction to review the denial of summary judgment on a probable-cause issue after the case had gone to trial.…

In Hanover American Insurance Co. v. Tattooed Millionaire Entertainment, LLC, the Sixth Circuit held that failure to file a pre-verdict Rule 50(a) motion for judgment as a matter of law forfeits the right to renew that motion via Rule 50(b). At the close of evidence, the plaintiff in Hanover Insurance moved for judgment as a matter of law on claims involving only two of the three defendants.…

In 2018’s Hall v. Hall, the Supreme Court held that actions consolidated with other actions retain their independent character. So the resolution of one action is final and appealable, regardless of whether the other actions remain pending. Hall left some unanswered questions. Among them was what would become of pre-Hall judgments that were not immediately appealable under then-applicable circuit law.…

Last week saw a trio of decisions on appeal deadlines. The Fifth Circuit appears to have held that the 30-day window for filing a notice of appeal in a civil case is not jurisdictional, which means that courts can excuse late notices. The Sixth Circuit addressed the effect of stricken post-judgment motions on the appeal deadline.…

Last week saw a divided Third Circuit address when a district court decision is, practically speaking, an appealable injunction. The Third Circuit also issued two decisions holding that the scope of a qualified-immunity appeal includes prior denials of immunity. The Ninth Circuit explained why a request for attorneys’ fees does not stop the appeal clock (and cannot be re-characterized as a Rule 59 motion).…

Last week saw a new split on whether the government can appeal the denial of its motion to dismiss a qui tam suit. The Eleventh Circuit held that a defendant could not appeal the denial of a renewed challenge to the plaintiff’s proceeding anonymously. Sitting en banc, that court also addressed its caselaw on the scope of certain immigration appeals.…

Last week saw the First Circuit join the list of courts with internally inconsistent law on when subsequent events save a premature notice of appeal. An Eleventh Circuit decision produced three separate opinions on the collateral-order doctrine’s application to appeals from the denial of state-action immunity. The D.C. Circuit held that overlap between resolved and unresolved claims made a Rule 54(b) appeal improper.…