Posts in category “Weekly Roundup”
Last week saw a variety of interesting decisions and developments in federal appellate jurisdiction. Two courts addressed their post-Hall v. Hall jurisdiction over appeals in consolidated actions. Three courts had to address the sufficiency of notices of appeal, with two of them using the order-designation requirement to narrow the scope of appeals. A government contractor is asking the Supreme Court to address appeals from the denial of derivative sovereign immunity. And much more.
Last week, the Fifth Circuit granted rehearing en banc in Williams v. Taylor Seidenbach, Inc. to address appealing dismissals without prejudice. The Ninth Circuit gave some relief to those who—in reliance on Ninth Circuit caselaw that was abrogated by Microsoft Corp. v. Baker—voluntarily dismissed their cases to appeal a class-certification denial. And two new cert petitions seek to expand the scope of interlocutory qualified-immunity appeals.
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.
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. A new cert petition seeks review after the denial of a Rule 23(f) appeal. Plus appeals involving bankruptcy, discovery, mandamus, administrative review, arbitration, and class actions.
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. There were also a few cert-stage developments in the Supreme Court, including an interesting petition on finality and the Patent Act’s punitive-enhancement provision.
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.
There weren’t too many federal appellate-jurisdiction decisions last week. But the few we got were interesting. The Second Circuit had to untangle the interplay between state sovereign immunity appeals and redistricting challenges. The First Circuit applied its approach to appeals from denials of relief from bankruptcy’s automatic stay (an issue currently before the Supreme Court). And the Eleventh Circuit dealt with an imperfect notice of appeal.
This week’s roundup was slightly delayed. Last week saw several unique and interesting decisions on appellate jurisdiction. The Seventh Circuit said that the civil-appeal deadline applied to a criminal forfeiture order. The Third Circuit allowed the appeal of a gag order that prohibited a defendant from contacting the plaintiff’s shareholders. And the Eleventh Circuit navigated the rules on post-judgment discovery appeals in the context of an order enforcing arbitral summonses.
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