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In Garrick v. Moody Bible Institute, a divided Seventh Circuit held that a defendant cannot immediately appeal from the denial of a motion to dismiss on church-autonomy grounds. The Seventh Circuit thereby joined the Second and Tenth Circuits in both its ultimate holding and its having a split court.…

Federal Rule of Appellate Procedure 4(a)(1) says that a notice of appeal must be filed within 30 days after entry of the judgment or order appealed from. Taken literally, Rule 4 might permit notices of appeal filed before the district court ever makes a decision. After all, that point in time is before—perhaps well before—30 days after the decision.…

In Wilmington Savings Fund Society, FSB v. Myers, the Fifth Circuit held that the grant of a Rule 59(e) motion results in a new judgment, such that a second Rule 59(e) motion reset the appeal clock. The decision illustrates the seemingly rare scenario in which a subsequent post-judgment motion can extend the time to appeal.…

In Wilkinson v. Garland, the Supreme Court held that courts of appeals could review whether an immigration petitioner had shown the hardship necessary to be eligible for cancellation of removal. The majority thought that this holding was a straightforward extension of 2020’s Guerrero-Lasprilla v. Barr. But several justices doubted that Congress intended for such a board scope of review in immigration appeals.…

The classic definition of a “final decision” is one that ends litigation on the merits and leaves nothing for the district court to do but enforce the judgment. So when a district court enters what it calls a “final judgment” and closes a case, it would seem that a final decision exists.…

In United States v. Sastrom, the First Circuit held that it could review a supervised-release order despite the transfer of a criminal defendant’s case to another, out-of-circuit district. The transfer in Sastrom was under 18 U.S.C. § 3605. And the First Circuit treated this transfer the same as those under 28 U.S.C.…

In Elegant Massage, LLC v. State Farm Mutual Automobile Insurance Co., a divided Fourth Circuit reviewed—and reversed—the denial of a motion dismiss while hearing a class-certification appeal under Rule 23(f). The majority thought it could do so because the class-certification and motion-to-dismiss decisions were “so interconnected as to require concurrent review.”…

In Cheapside Minerals, Ltd. v. Devon Energy Production Co., the Fifth Circuit held that a remand under the Class Action Fairness Act’s local-controversy rule was an appealable final decision under 28 U.S.C. § 1291. That meant the appellant did not need to resort to a discretionary appeal under 28 U.S.C.…

Decisions from last month raised some interesting questions about the role of the collateral-order doctrine, particularly when it comes to immunities and criminal appeals. In other developments, the Eleventh Circuit deemed an appeal untimely after concluding that—in hindsight—a post-judgment motion was not really a Rule 59 motion. The Ninth Circuit split on what it means to determine “rights and liabilities” for purposes of admiralty appeals.…

A motion to alter or amend a judgment under Federal Rule of Civil Procedure 59(e) normally resets the appeal deadline. But in SEC v. TCA Fund Management Group, the Eleventh Circuit held that a post-judgment motion was not really a Rule 59 motion. That means the motion did not reset the appeal deadline, and the notice of appeal was late.…