Posts in category “Weekly Roundup”

Last week saw two rare opinions on the discretionary appeals. The Ninth Circuit refused to hear a certified appeal under 28 U.S.C. § 1292(b) because the certified order did not include a question of law. And the Third Circuit accepted a Federal Rule of Civil Procedure 23(f) petition to appeal a class-certification decision, partly due to a perception that the district court judge was pressuring the defendants to settle.…

Last week, the Ninth Circuit held that defendants cannot use the collateral-order doctrine to immediately appeal from the denial of derivative sovereign immunity. The Eleventh Circuit concluded that a duty-to-defend order was an appealable injunction. The Sixth Circuit rejected an argument that a Rule 59(e) motion was not good enough to delay the start of the appeal clock.…

Last week produced several decisions of note. The most interesting to me was a divided motions panel decision from the Sixth Circuit. The majority refused to dismiss an appeal when the plaintiff asked the district court to grant summary judgment for the defendant. The case strikes me as odd, however, as the plaintiff apparently wants to appeal only an interlocutory class-certification decision—the plaintiff doesn’t seem to challenge its merits loss.…

I’m back from my annual holiday break with roundup covering the previous two weeks. There were a few decisions of note. The Third Circuit joined nearly every other circuit in holding that it cannot review a discretionary decision not to waive the Violence Against Women Act’s deadline for reopening immigration proceedings.…

It’s the last roundup of the year. And it’s a short one. The Third Circuit dismissed an appeal from an order concluding that factual disputes precluded a decision on judicial-proceedings privilege. The defendant had framed the appeal as one from the denial of absolute immunity. But even if it was, unresolved fact issues prevented the order from being appealable.…

I’m a little late with this week’s roundup, but there were several cases worth discussing. The Seventh Circuit applied the two (separate but seemingly identical) restrictions on reviewing a bankruptcy court’s remand orders. The Sixth Circuit rejected a factual challenge to the denial of qualified immunity and dismissed an appeal from a prevailing defendant who was unhappy with some of the district court’s analysis.…

There’s lots to talk about from last week. The Fifth Circuit weighed in on the split over whether a struck post-judgment motion could reset the appeal clock. The Sixth Circuit again split on the extent to which it could separate “factual” and “legal” arguments in qualified-immunity appeals. Two other courts dealt with appeals that challenged the factual basis for immunity denials.…

It’s an extra-busy week, so this week’s roundup has to be quick.…

Last week was a big one for mandamus in the Federal Circuit. That court issued three writs of mandamus (and dismissed another as moot), all directed to denials of transfer motions by the same district court judge. That judge has recently seen a lot of mandamus petitions targeting his transfer decisions, and I’ve linked several blog posts below discussing these petitions.…

Last week saw only one case of note.

In Guerrier v. Garland, the Ninth Circuit held that the Supreme Court’s decision in DHS v. Thuraissigiam abrogated the Ninth Circuit’s “colorable constitutional claim” exception to the limits on reviewing expedited removal orders.…