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In last week’s Henson v. Fidelity National Financial, Inc., the Ninth Circuit held that plaintiffs could use Rule 60(b)(6) to undo voluntary dismissals they had entered to facilitate appellate review. Before the Supreme Court’s decision in Microsoft Corp. v. Baker, the Ninth Circuit allowed plaintiffs had to use these dismissals to secure review of orders denying class certification.…

Decision-wise, it was another quiet week in federal appellate jurisdiction. Three courts correctly rejected efforts to limit the scope of an appeal to the orders designated in the notices of appeal. The only other action of note was in the Supreme Court, which denied cert in two petitions I’ve been following.…

Last week was pretty uneventful; I saw only a couple decisions of note. The Ninth Circuit applied the common law cumulative-finality doctrine to immigration appeals. And the Eighth Circuit used a limited remand to clarify the finality of an appeal.…

I’ve talked several times on this site about the recently denied cert petition in Xitronix Corp. v. KLA-Tencor Corp. The case involved a maddening back-and-forth between the Federal and Fifth Circuits, with each court saying that the other had appellate jurisdiction to review a Walker Process claim. More specifically, the two circuits disagreed about whether Walker Process claims arose under the patent law.…

Last week had a plethora of interesting appellate-jurisdiction decisions and developments. The Seventh Circuit—creating a circuit split and overruling its prior decisions—held that district courts cannot re-certify an order under § 1292(b) and restart the clock for filing a petition to appeal. The Ninth Circuit held that courts of appeals have original jurisdiction to hear substantive due process challenges to the No Fly List.…

Last week was busy. The Fourth Circuit granted rehearing en banc in its emoluments/mandamus/§ 1292(b) case. And the Fifth Circuit had its own run-in with mandamus and § 1292(b). And there were several other decisions of interest and cert-stage filings. But we’ll start with the Supreme Court’s newest appellate-jurisdiction case.…

Last week saw decisions addressing the propriety of CAFA removal in a Rule 23(f) appeal, the grant of an untimely remand motion, voluntary dismissals in bankruptcy, denials of summary judgment in IDEA cases, Rule 41(d) cost orders, notices of appeal, and an interlocutory challenge to the legality of Matthew Whitaker’s appointment as Assistant Attorney General.…

Last week saw decisions on (among other things) the consequences of missing appellate deadlines and appeals from the disclosure of classified information. There were also several cert-stage filings of note, including a new case on the appealability of immigration remands.…

October Term 2017 could have been a big one for appellate jurisdiction at the Supreme Court. But it was not to be. Salt River Project Agricultural Improvement and Power District v. Tesla Energy Operations Inc. settled before the Court could decide whether denials of state-action immunity are immediately appealable collateral orders.…

In Vergara v. City of Chicago, the Seventh Circuit untangled a procedural mess involving multiple missed deadlines. The notice of appeal was late (though understandably so), as was the objection to the late notice. But none of these missed deadlines went to the court’s jurisdiction. They were claims-processing rules—one mandatory but not properly invoked, the other not mandatory and forfeited.…