Rejecting municipal piggybacking, the jurisdictionality of cross-appeals, retroactive application of the Rule 3(c) amendments, proper Rule 54(b) partial judgments, and more.
July 19, 2022
Lots of decisions this week. Let’s start with a pair of cases that rejected municipalities’ attempts to tag along with their employees’ qualified-immunity appeals.
Appeals involving Rule 45(f) transfer orders, immigration exhaustion, interim fee awards, receiverships, hypothetical jurisdiction, preliminary forfeiture orders, and more.
July 12, 2022
Last week had a bunch of decisions of note. Let’s jump right in with orders transferring a motion to quash a subpoena.
Non-party discovery appeals via the collateral-order doctrine, deadlines for appealing interlocutory orders, disclaiming the right to refile claims voluntarily dismissed without prejudice, cumulative finality for reports and recommendations, and fact-based qualified-immunity appeals.
July 6, 2022
Last week, the Fifth Circuit addressed non-party discovery appeals and the time for appealing interlocutory orders. The Sixth Circuit allowed the disclaim-on-appeal tactic to save an appeal after some claims were dismissed without prejudice. That court also refused to relate forward a notice of appeal filed after a magistrate judge’s report and recommendation. And the Eighth Circuit dismissed a qualified-immunity appeal insofar as it challenged the factual basis for the immunity denial.
Appealing transportation orders via collateral-order doctrine and fact-based absolute-immunity appeals.
June 28, 2022
There’s not a lot to talk about from last week. In a footnote, the Supreme Court added another type of order to the list of immediately appealable collateral orders. And the Tenth Circuit explained its caselaw on fact-based absolute-immunity appeals.
Appeals involving the blatant-contradiction exception at the pleading stage, the ministerial exception defense, relating forward premature notices of appeal, and more.
June 22, 2022
The to-the-point roundups of summer 2022 continue with a double-sized edition. Highlights include using Scott v. Harris’s blatant-contradiction exception to disregard allegations in a complaint and the appealability of Title VII’s ministerial-exception defense.
The appealability of anti-SLAPP denials, the scope of Rule 23(f) appeals, a cert petition on addressing the Bivens question in qualified-immunity appeals, and more.
June 8, 2022
Last week saw interesting decisions on the scope of class-certification appeals under Rule 23(f), the appealability of orders controlling communications with class members, manufactured finality, and more. Plus, Judge Bress questioned the Ninth Circuit’s caselaw allowing appeals from anti-SLAPP denials. But let’s start with a new cert petition that asks if appellate courts can always address the Bivens question in qualified-immunity appeals.
The finality of without-prejudice dismissals of habeas petitions, the scope of CAFA appeals, post-judgment intervenor appeals, and more.
June 1, 2022
I took a break from the roundup the last few weeks to work on some really interesting research. As I continue that work this summer, roundups might be a bit more to the point.
The last few weeks saw lots of interesting cases. Highlights include a Seventh Circuit decision on the finality of without-prejudice dismissals for failure to exhaust state habeas remedies and a Fifth Circuit decision on the scope of CAFA appeals. And the Ninth Circuit addressed the timeliness of intervention appeals in the context of post-judgment intervention. Plus qualified-immunity appeals, pendent appellate jurisdiction, and more.
Appeals involving transfer orders, arbitration, post-judgment recusal orders, asylum denials and more.
May 11, 2022
Last week I learned that the Tenth Circuit doesn’t review pre-transfer orders in an appeal from the final judgment in a transferred action. That might create some issues for the appellants in a case that the Eleventh Circuit dismissed. Last week also saw interesting discussions of whether district courts must stay (rather than dismiss) cases after ordering arbitration, finality for post-judgment recusal orders, and whether denials of asylum in Visa Waiver Program cases are final orders of removal. Plus the en banc Fifth Circuit on the scope of a § 1292(b) appeal and more.
Advisory mandamus for a rejected plea bargain, appealing reinstatement and withholding orders in immigration, waiver versus appellate jurisdiction when appealing magistrate judge decisions, and more.
May 4, 2022
Last week saw interesting decisions on advisory mandamus, appealing reinstatement and withholding orders in immigration, appealing magistrate judge decisions, and hypothetical jurisdiction. Plus the timeliness of an appeal from a post-judgment contempt order and the blatant-contradiction exception to qualified-immunity appeals.
The jurisdictionality of appeal deadlines, appealing administrative remands, erroneous Rule 54(b) partial judgments, denied § 1292(b) appeals, factual disputes in qualified-immunity appeals, immigration exhaustion, and more.
April 27, 2022
Last week, the Supreme Court held that the deadline for appeals to the Tax Court is not jurisdictional. The Fifth Circuit reconsidered a decision from last month and dismissed an appeal from an administrative remand. The Fourth Circuit reversed the entry of a Rule 54(b) partial judgment. The Sixth Circuit refused to hear a certified appeal under § 1292(b). The Fifth Circuit split on its jurisdiction over a qualified-immunity appeal in which the defendant disputed the factual basis for the immunity denial. And the First Circuit held that immigration petitioners do not need to seek rehearing before the Board of Immigration Appeals to argue that the Board misapplied a legal standard. Plus the collateral-order doctrine in appeals from the Patent Trial and Appeal Board, appealing without-prejudice dismissals of habeas petitions, and pendent appellate jurisdiction over the scope of the False Claims Act in state-sovereign-immunity appeals.