Posts in category “Weekly Roundup”
In what was probably last week’s most widely read order, the Eleventh Circuit referred to its pendent appellate jurisdiction. The Fifth Circuit dismissed an appeal from a party that could not get an immediate vacatur of an injunction. The Third Circuit addressed diversity jurisdiction, despite that issue not being part of the order certified for an immediate appeal via § 1292(b). Plus decisions on qualified-immunity appeals and bankruptcy remands.
Last week added to the tale of the Rule 3(c) amendments. Once again, a court overlooked those amendments in discussing whether the order designation in a notice of appeal limited the scope of appeal. And another court—when informed of those amendments—held that they did not apply to a pending case.
In other decisions, a Ninth Circuit concurrence argued that evidence-admissibility issues were within the scope of a qualified-immunity appeal. I disagree. And the Seventh Circuit approved of a Rule 54(b) partial judgment that allowed a plaintiff to cross-appeal alongside a qualified-immunity appeal. Plus an explained grant of a Rule 23(f) petition and a fact-based qualified-immunity appeal.
Last week, two courts discussed the circumstances in which it’s appropriate for district courts to enter partial judgments under Federal Rule of Civil Procedure 54(b). Both took a pretty narrow view of the rule. The Third Circuit addressed the application of 28 U.S.C. § 1292(a)(3) (which grants appellate jurisdiction over “decrees . . . determining the rights and liabilities of the parties to admiralty cases”) in the context of counterclaims that were dismissed after a choice-of-law decision. The Sixth Circuit refused to address a few issues in a qualified-immunity appeal. And the Eleventh Circuit read a notice of appeal to encompass the dismissal of a complaint and the denial of a second Rule 60 motion, but not the denial of a prior Rule 60 motion.
Last week, the First Circuit held that litigants can immediately appeal denials of motions to litigate anonymously. The Sixth Circuit reviewed a denial of derivative state sovereign immunity. It also extended pendent appellate jurisdiction over a summary-judgment decision, as doing so was necessary to review a preliminary injunction. Another court of appeals overlooked the recent amendments to Federal Rule of Appellate Procedure 3(c). The Third Circuit said that standing issues were within the scope of an appeal under Federal Rule of Civil Procedure 23(f), but personal-jurisdiction issues were not. Plus an appeal from an order that (might have) decided liability but not damages, the blatant-contradiction exception to the normal scope of qualified-immunity appeals, and more.
The most interesting decision from last week (to me, at least) addressed whether a voluntary dismissal after an adverse interlocutory order affected jurisdiction. There was also a Second Circuit decision on the appealability of interlocutory writs of execution (though the court determined that the order was “final,” so “interlocutory” might not be an accurate description). And the Eighth Circuit dismissed an appeal from a liability decision that did not set the amount of nominal damages.
There is too much to talk about from last week. Let’s start with the D.C. Circuit’s decision on the appealability of PREP Act immunity.
Last week had several decisions of note. The Eleventh Circuit had me wondering if pendent appellate jurisdiction is ever necessary. The Eighth Circuit addressed its jurisdiction after an appellee had voluntarily dismissed some of its claims without prejudice, though that discussion was probably unnecessary. The Eleventh Circuit allowed an appeal from the denial of sovereign immunity under Florida law. The opinion suggests immunity appeals are all about whether a defense shields officials from litigation (and not the other requirements of the collateral-order doctrine). And a notice of appeal that was “at the edge of errors” the Seventh Circuit was willing to excuse. Plus appellate jurisdiction over post-judgment cost decisions and more.
It was another packed week of appellate-jurisdiction decisions, particularly in the Sixth Circuit. Let’s start with one of my favorite topics, cumulative finality.
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