Posts in category “Appellate Decisions”
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.…
Continue reading....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.…
Continue reading....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.…
Continue reading....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.…
Continue reading....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.…
Continue reading....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.”…
Continue reading....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.…
Continue reading....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.…
Continue reading....In Amisi v. Brooks, the Fourth Circuit held that defendants can immediately appeal from the refusal to dismiss a claim as barred by the Virginia Workers’ Compensation Act. The court thought that the Act provided an immunity from litigation. And that, apparently, was all that was necessary for an appeal via the collateral-order doctrine.…
Continue reading....The collateral-order doctrine is one of the most frequently invoked exceptions to the final-judgment rule. The doctrine deems final a district court order that (1) conclusively resolves an issue, (2) involves an important issue that is separate from the merits, and (3) would be effectively unreviewable in an appeal after a final judgment.…
Continue reading....Final Decisions PLLC is an appellate boutique and consultancy that focuses on federal appellate jurisdiction. We partner with lawyers facing appellate-jurisdiction issues, working as consultants or co-counsel to achieve positive outcomes on appeal. Contact us to learn how we can work together.
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