The collateral-order doctrine for protective orders and municipal immunity, Nasrallah’s effect on withholding appeals, the effect of the Solicitor General’s authorization on the timeliness of government appeals, and more.
January 5, 2023
It’s the fourth annual winter-break edition of the weekly roundup. As I have in previous years, I took a few weeks off from Final Decisions. But I’m back with a roundup covering the last three weeks of 2022. Those weeks saw a pair of collateral-order decisions, the effect of Nasrallah v. Barr on other kinds of immigration appeals, an en-banc decision on the timeliness of government appeals, and an appeal from the refusal to quash a grand-jury subpoena. Plus two qualified-immunity appeals in which the defendants challenged the factual basis for the immunity denial.
Notices of appeal and post-notice decisions, addressing a facial challenge in an injunction appeal involving an as-applied challenge, and TROs that effectively deny injunctive relief.
December 13, 2022
There were three cases of note from last week. The Third Circuit held that notices of appeal do not encompass post-notice decisions. Litigants must file a second notice, or amend the first, to appeal those decisions. The D.C. Circuit held that it could not review a facial challenge to a statute in an injunction appeal stemming from an as-applied challenge. And the Ninth Circuit determined that a temporary restraining order was effectively an appealable injunction.
The Rule 3(c) amendments get applied retroactively! Plus the scope of appeal for class-wide injunctions, the jurisdictional basis for compassionate-release appeals, finality in FLSA collective actions, and more.
December 6, 2022
There were a bunch of interesting decisions last week. In the continuing saga of the Rule 3(c) amendments, the Second Circuit acknowledged them and applied them retroactively. In other decisions, the Sixth Circuit explained that it could review class certification in an appeal from a class-wide injunction. The Fourth Circuit clarified the basis for its jurisdiction to review compassionate-release denials. And the Eleventh Circuit explained that FLSA collective actions are not final until the district court addresses the claims of every opt-in plaintiff. Plus finality in § 2255 resentencing orders and a rejected attempt at municipal piggybacking.
The Rule 3(c) amendments, stay appeals, immigration appeals, mandamus for a subpoena, appealing the ministerial-exception defense, and more.
November 30, 2022
I took a break from the roundup last week, but I’m back with a double-sized edition. In the last two weeks, another circuit didn’t recognize that the recent Rule 3(c) amendments abrogated its caselaw. The Eleventh Circuit determined that a stay put an action in “suspended animation,” thereby allowing an appeal from the stay. The Fifth Circuit used mandamus to quash a subpoena. And the en banc Fourth Circuit declined to reconsider its decision that defendants cannot immediately appeal denials of the ministerial-exception. Plus immigration appeals, qualified-immunity appeals, and more.
The misapplication of the Rule 3(c) amendments, appeals from decisions in post-judgment proceedings, abstention appeals, and reversing orders allowing § 1292(b) and Rule 54(b) appeals.
November 16, 2022
Last week, the Tenth Circuit once again used a pro se plaintiff’s notice of appeal to limit the scope of its review despite recent amendments to Federal Rule of Appellate Procedure 3(c). The Second Circuit gave a thorough explanation of its jurisdiction over decisions made in post-judgment proceedings. The Fifth Circuit heard an appeal from a Brillhart stay. And two courts reversed orders that would have permitted an interlocutory appeal.
Cross-appeals under § 1292(b), the appealability of holdback orders in an MDL, a fact-based qualified-immunity appeal, and the finality of an administrative closure.
November 9, 2022
Last week, the Second Circuit explained its discretion to hear a cross-appeal in an appeal under 28 U.S.C. § 1292(b). The Ninth Circuit dismissed as non-final an appeal regarding money an MDL defendant must set aside for a common-benefit fund. The Fifth Circuit dismissed a qualified-immunity appeal that challenged the factual basis for the immunity denial, as a video did not blatantly contradict the plaintiff’s version of events. And the Fifth Circuit said that the administrative closure of a case was not final.
Denying mandamus while telling the district court what to do, the scope of review from expedited deportation orders, premature notices of appeal, and more.
November 3, 2022
Quick roundup this week, featuring covert mandamus, the scope of immigration appeals, relating forward premature notices of appeal, an amicus appeal, and more.
Appeals involving the refusal to quash an OSHA warrant, formal defects in a Rule 54(b) partial judgment, post-judgment appeals involving the procedures for selling assets, and more.
October 26, 2022
There was no roundup last week—for the first time since since I started the weekly roundup in July 2019, I didn’t see any decisions to talk about. But I’m back this week with an appeal from an OSHA warrant, formal defects in a Rule 54(b) partial judgment, post-judgment appeals involving the procedures for selling assets, and more.
Appeals from injunctions before the district court sets the terms and from stipulated dismissals of unresolved claims.
October 12, 2022
There were only two decisions of note from last week, both from the Eleventh Circuit. One involved a purported injunction appeal before the district court set the terms of the injunction. The other involved the purported stipulated dismissal of all unresolved claims.
The stay-or-dismiss question for arbitration appeals, reviewing hardship determinations in immigration appeals, more Federal Circuit mandamus, third-party appellate standing in Rule 54(b) appeals, and much more.
October 4, 2022
There’s is a lot to talk about from last week, including two opinions that touch on ongoing circuit splits (one involving arbitration appeals, the other involving immigration appeals). We also saw another Federal Circuit mandamus decision involving the refusal to transfer a case out of the Western District of Texas. Plus a bunch of other decisions on a variety of topics.