Reconsidering a Prior Panel’s Jurisdiction
In RJ Control Consultants, Inc. v. Multiject, LLC, the Sixth Circuit held that it lacked appellate jurisdiction over a prior appeal in an action. The court accordingly vacated the prior panel’s decision.
I don’t think I’ve ever seen this before. And while it might be an okay practice in appeals from the same action (though I have doubts), I don’t think appellate panels should—indeed, can—inquire into jurisdiction in prior decisions.
The RJ Control Appeals
Simplifying a fair bit, the plaintiffs in RJ Control brought several copyright-infringement claims. The defendants responded with counterclaims. The district court later granted summary judgment to the defendants on the plaintiffs’ claims. The plaintiffs then appealed, and the Sixth Circuit reversed part of the district court’s decision. The court of appeals then remanded the case for the taking of additional evidence.
Some time after the remand, the district court again granted summary judgment to the defendants on the plaintiffs’ claims. The plaintiffs appealed again. But this time, the Sixth Circuit dismissed the appeal for a lack of jurisdiction. The district court had not resolved the defendants’ counterclaims. Nor had the district court entered a partial judgment under Federal Rule of Civil Procedure 54(b). The district court’s decision was accordingly not final.
Back in the district court once more, the district court dismissed the defendants’ counterclaims. The plaintiff appealed again.
Reconsidering Jurisdiction in a Prior Panel Decision
Now, the Sixth Circuit had jurisdiction. But the panel pointed out that its decision in the second appeal—that unresolved counterclaims deprived the court of appellate jurisdiction—necessarily meant that the court also lacked jurisdiction over the first appeal. Those counterclaims were just as unresolved at the time of the first appeal as they were at the second.
The Sixth Circuit accordingly vacated its first decision. That didn’t change the outcome; the panel agreed with the reasoning of the vacated decision. And the Sixth Circuit saw no reason to vacate the district court’s decisions that relied on the first panel decision; the district court unquestionably had jurisdiction to make those decisions. But the first appellate decision nevertheless became a nullity.
A Limited Ability to Reconsider Appellate Jurisdiction?
I don’t recall ever seeing a panel say that a prior panel lacked appellate jurisdiction, thereby allowing the court to vacate (or otherwise disregard) the prior decision. And it seems a little odd to me.
Perhaps it’s defensible in the context of RJ Control because all of the appeals stemmed from the same action. But appellate courts cannot be doing this in appeals from separate actions. Otherwise, panels could say that a prior decision is not controlling if, in hindsight, the court lacked jurisdiction over the appeal.
RJ Control Consultants, Inc. v. Multiject, LLC, 2024 WL 1432723 (6th Cir. Apr. 3, 2024), available at the Sixth Circuit and Westlaw
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