Posts in category “Weekly Roundup”

The only major appellate-jurisdiction decision from last week was the Ninth Circuit’s attempt to limit the impact of Microsoft Corp. v. Baker. Baker said that class-action plaintiffs cannot appeal an adverse class-certification decision by voluntarily dismissing their claims. The Ninth Circuit held that this bar on manufacturing an appeal via a voluntary dismissal applied only to contexts in which there are special appellate-jurisdiction rules, like class actions and arbitration.…

Last week, the Seventh Circuit questioned whether any bright-line deadline existed for seeking a partial judgment under Federal Rule of Civil Procedure 54(b). A concurring opinion from the Sixth Circuit misread Johnson v. Jones to permit the review of evidentiary issues in qualified-immunity appeals. The Third and Seventh Circuits addressed the timeliness of sanctions appeals.…

Last week saw lots of interesting decisions. Two cases implicated the recent amendments to Federal Rule of Appellate Procedure 3(c)’s order-designation requirement, though only one court of appeals seemed to realize as much. The First Circuit held that stay-put orders in IDEA cases are immediately appealable via the collateral-order doctrine.…

Last week, the Ninth Circuit heard an immediate appeal from an unsuccessful challenge to an indictment. The defendant contended that the Juvenile Delinquency Act barred his prosecution as an adult. The Ninth Circuit held that the defendant could immediately appeal this decision via the collateral-order doctrine.

In another decision, the Ninth Circuit addressed the relation forward of a notice of appeal.…

There are only two decisions to discuss from last week. The Fifth Circuit held that it could review an order that (among other things) remanded a claim to an administrative agency. Because the district court was done with the case, the decision was a final one. And the D.C. Circuit granted a petition to appeal under Federal Rule of Civil Procedure 23(f).…

I was on spring break last week and took a break from the weekly roundup. But I’m back with decisions and developments from the past two weeks (February 27–March 12). And there were several decisions of note.

Two courts dismissed appeals based on close textual readings of jurisdictional statutes. A divided Eleventh Circuit held that it lacked jurisdiction to review sua sponte CAFA remands.…

Last week saw a few cases of note. The Seventh Circuit held that an order requiring an insurance company to defend its insured was an appealable injunction. The Sixth Circuit limited a sovereign-immunity appeal to sovereign-immunity issues, refusing to address standing or municipal liability. The Sixth Circuit also split on the extent to which defendants raised arguments within the court’s jurisdiction in a qualified-immunity appeal.…

After taking last week off from the roundup, I’m back with a two-week edition. The Fourth Circuit split on whether it could extend pendent appellate jurisdiction over orders directing arbitration. The First Circuit determined that a district court’s criticism of attorneys was not sufficiently related to a formal sanction to be appealable.…

Last week, the Ninth Circuit addressed whether a letter from the Drug Enforcement Agency amounted to an appealable “final decision of the Attorney General.” The Federal Circuit held that it could review an order enforcing a settlement agreement. And several courts had to deal with improper fact-based qualified-immunity appeals. Plus appeals involving refusals to reconsider decisions ordering arbitration and the scope of state-law immunity appeals.…

Short roundup this week. The First Circuit reviewed a refusal to enjoin a criminal prosecution. And the Fifth Circuit explained that administrative exhaustion was not required in extraordinary-ability visa cases. In the course of doing so, that court questioned its caselaw deeming administrative exhaustion jurisdictional in this context. Plus appeals involving an undetermined amount of liability, the denial of a Colorado River stay, and more.…