Posts in category “Appellate Decisions”

The Bivens question asks whether an implied constitutional remedy exists for a federal official’s unconstitutional conduct. The Supreme Court has held that this question is within the scope of a qualified-immunity appeal. That is, in an interlocutory appeal from the denial of qualified immunity, the court of appeals can address whether a Bivens remedy exists.…

In Hermosillo v. Davey Tree Surgery Co., a divided Ninth Circuit held that it lacked jurisdiction to review a decision ordering class-wide arbitration over a request for individual arbitration. Under the Federal Arbitration Act, district court decisions ordering arbitration generally are not appealable. Decisions denying requests for arbitration generally are.…

In Corley v. Long-Lewis, Inc., the Eleventh Circuit held that a district court’s resolution of all claims was final and appealable despite the plaintiffs’ voluntarily dismissing some of those claims without prejudice. In doing so, the court had to wade through its conflicting lines of authority in this area—one holding that the resolution of all claims is final despite the voluntary dismissal, the other holding that it’s not.…

In Hicks v. Ferreya, the Fourth Circuit refused to address the Bivens question in an interlocutory qualified-immunity appeal. The Bivens question—which asks whether an implied constitutional cause of action exists for a federal official’s alleged violation of the plaintiff’s rights—is normally appealable alongside the denial of qualified immunity. But the defendants in Hicks failed to raise the issue in the district court.…

In Strange v. Islamic Republic of Iran, the D.C. Circuit held that district courts cannot “recertify” an order and thereby restart the ten-day window for seeking permission to appeal under 28 U.S.C. § 1292(b). The district court in Strange had rejected the plaintiffs’ efforts to serve process on former President of Afghanistan Hamid Karzai via Twitter.…

Another court of appeals has weighed in on the scope of remand appeals. 28 U.S.C. § 1447(d) generally prohibits appellate review of orders remanding an action to state court. But it includes two express exceptions: when an action is removed under the federal-officer or civil-rights removal statutes. Recent climate-change litigation has required the courts of appeals to address the scope of remand appeals when one of those exceptions applies.…

The Fifth Circuit’s finality trap has another victim. In Firefighters’ Retirement System v. Citco Group Ltd., the court held that the district court had not issued a final, appealable decision when claims against one defendant had been dismissed without prejudice. To appeal, the plaintiffs needed to obtain a certification under Federal Rule of Civil Procedure 54(b) (and will presumably be allowed to do so).…

Qualified immunity makes it especially—and unjustifiably—difficult for plaintiffs to prevail in civil-rights suits. And the special appellate procedures that accompany qualified immunity ensure that litigating those suits will be complicated, expensive, and time consuming. Defendants have a right to appeal from the denial of immunity. That right—standing alone—is an immense procedural hurdle for plaintiffs.…

In United States v. Rutherford, a divided Seventh Circuit held that a motion to reconsider the denial of First Step Act relief extended the time for filing a notice of appeal. The majority concluded that these motions were common law motions to reconsider. And common law motions to reconsider in criminal cases extend the time for appealing; the motion makes the judgment non-final, and the judgment becomes final only after the district court resolves the motion.…

In American Great Lakes Ports Association v. Schultz, the D.C. Circuit held that an order remanding a dispute to an agency was final and appealable. Administrative remands are normally not final. But sometimes they are. American Great Lakes illustrates one exception to the general rule that applies when when, despite the remand, the dispute is effectively over in the district court and the agency.…