Appeals involving the appointment of a special master, the denial of immediate relief from an injunction, the scope of § 1292(b) appeals, denials of state law immunity, bankruptcy remands, and more.
September 27, 2022
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.
The continuing chronicle of the Rule 3(c) amendments, evidence-admissibility issues in qualified-immunity appeals, Rule 54(b) partial judgments in qualified-immunity appeals, and more.
September 20, 2022
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.
Appeals involving the review of state court orders in removed cases, voluntary dismissals of state law claims, corrective class-settlement notices, remands from the Veterans Court, and more. Plus a new cert petition on preserving issues via summary-judgment denials.
September 14, 2022
Lots to talk about and not a lot of time to talk. Let’s get to it.
The strictures of Rule 54(b) judgments, admiralty appeals from the dismissal of crossclaims, the scope of qualified-immunity appeals, and an odd Rule 3(c) decision.
September 7, 2022
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.
Appeals involving denials of requests to litigate anonymously, denials of derivative sovereign immunity, pendent appellate jurisdiction over summary-judgment decisions, the amendments to Rule 3(c), the scope of Rule 23(f) appeals, and more.
August 30, 2022
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 jurisdictional consequences of voluntary dismissals, appeals from interlocutory writs of execution, and appeals from un-specified nominal-damages awards.
August 16, 2022
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.
Appeals involving denials of PREP Act immunity, undoing voluntary dismissals, denials of substitute counsel, IDEA remands, the merger rule, extending the appeal deadline, and more. Plus a decision on the deadline for appealing interlocutory orders and a cert petition on district court jurisdiction during an arbitration appeal.
August 10, 2022
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.
Pendent appellate jurisdiction in injunction appeals, the effect of an appellee voluntarily dismissing claims without prejudice, denials of state law immunities, and more.
August 2, 2022
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.
Appealing the other orders in cases of cumulative finality, jurisdiction over the termination of removal proceedings, appealing whether arbitration is “subject to” the FAA, and a bunch of issues in qualified-immunity appeals.
July 26, 2022
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.