Posts in category “Weekly Roundup”
Last week saw an interesting Third Circuit decision on appealing dismissals without prejudice. The Fifth Circuit gave a helpful explanation of when attorneys can appeal language in an opinion that criticizes them. The Second Circuit addressed its jurisdiction to review denials of Criminal Rule 35(b) sentence-reduction motions. And the government opposed cert in Nasrallah v. Barr, which addresses the scope of appellate review in Convention Against Torture cases.
Last week saw further developments in the emoluments appeals, a helpful discourse on appealing stipulated judgments, a proper approach to governmental-privilege appeals, and even an application of the administrative-remand rule.
Last week saw some interesting filings and a handful of notable cases. Let’s start with two en banc petitions in cases that I’ve previously covered on this site.
There were a few interesting decisions last week on appeals from the denial of governmental privileges, calculating the time for the government to appeal in a criminal case, appeals from the denial state-action immunity, and an attempt to use some of the recent research on qualified immunity to change the law governing qualified-immunity appeals.
Let’s start with a new cert petition that involves review of decisions by the Railroad Retirement Board.
It was another eventful week in federal appellate jurisdiction, including an odd decision on appeals from dismissals without prejudice, a jurisdictional decision in the appeal involving conditions for children at Border Patrol stations, and the reply brief for the cert petition on anti-SLAPP appeals.
This week’s roundup is slightly later than usual due to a hard drive failure. And it’s a big roundup—it was a busy week.
Let’s start with anti-SLAPP appeals.
Last week saw interesting appellate-jurisdiction decisions involving the Foreign Sovereign Immunities Act, immigration appeals, qualified immunity, and administrative/judicial orders.
Last week saw several qualified-immunity appeals, as well as decisions on reviewing credibility findings, orders committing criminal defendants, leave to proceed anonymously, and discovery.
Let’s start with all of the qualified immunity.
This week saw more emoluments/mandamus/§ 1292(b) action, this time in the D.C. Circuit. The Third Circuit took sides in the circuit split on whether indigent prisoners can proceed in forma pauperis in the appeal from their third strike. The Eighth Circuit addressed the appealability of a remand order based on § 1446(c)’s one-year limit on removal. And more!
The major appellate-jurisdiction event last week was the Fourth Circuit’s decision in one of the emoluments appeals, granting mandamus to reverse the denial of a § 1292(b) certification. Besides that it was a relatively quiet week. Still, there were decisions of note on administrative exhaustion, notices of appeal, default judgments, and immigration appeals. There was also a cert petition on the Federal Circuit’s exclusive appellate jurisdiction, which comes from a dispute that has ping-ponged between the Fifth and Federal Circuits for a few years.
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.
Learn More Contact