En Banc Fourth Circuit Clarifies That Order of Dismissal Without Prejudice but No Leave to Amend Is Appealable “Final Order” Under 28 U.S.C. § 1291

In Britt v. DeJoy, No. 20-1620 (4th Cir. Aug. 17, 2022), the unanimous en banc Fourth Circuit abandons a case-by-case approach to finality under 28 U.S.C. § 1291 and adopts a bright-line rule that “[w]hen a district court dismisses a complaint or all claims without granting leave to amend, its order is final and appealable.”Continue reading “En Banc Fourth Circuit Clarifies That Order of Dismissal Without Prejudice but No Leave to Amend Is Appealable “Final Order” Under 28 U.S.C. § 1291”

Oral Bench Ruling Was Final Decision That Triggered Running of Time to Appeal, Holds Fifth Circuit

In Ueckert v. Guerra, No. 22-40263 (5th Cir. June 27, 2022), the Fifth Circuit dismissed as untimely an appeal filed 412 days after a verbal bench order was entered on the docket. “There is at least one exception to the maxim ‘no news is good news.’ When a lawyer has an outstanding motion but hasn’tContinue reading “Oral Bench Ruling Was Final Decision That Triggered Running of Time to Appeal, Holds Fifth Circuit”

No Interlocutory Appeal of Decision Denying Summary Judgment on Title VII “Ministerial Exception” Defense, Split Tenth Circuit Panel Holds

In Tucker v. Faith Bible Chapel Int’l., No. 20-1230 (10th Cir. June 7, 2022), a 2-1 panel of the Tenth Circuit holds that there is no appellate jurisdiction under the collateral-order doctrine to review the denial of summary judgment on the “ministerial exception” recognized by the U.S. Supreme Court. Two Supreme Court decisions from theContinue reading “No Interlocutory Appeal of Decision Denying Summary Judgment on Title VII “Ministerial Exception” Defense, Split Tenth Circuit Panel Holds”

Despite “Predicament” That Plaintiffs May Get No Appeal on the Merits, Eleventh Circuit Holds That There Is No Jurisdiction to Review a Partial Dismissal Where the Rest of the Claims Were Transferred to Another Circuit

In Jenkins v. Prime Ins. Co., No. 21-11104 (11th Cir. May 4, 2022), the Eleventh Circuit holds that where a district court dismisses part of case on the merits and transfers the rest out of circuit under 28 U.S.C. § 1404(a), the partial dismissal is not a final decision subject to appeal under 28 U.S.C.Continue reading “Despite “Predicament” That Plaintiffs May Get No Appeal on the Merits, Eleventh Circuit Holds That There Is No Jurisdiction to Review a Partial Dismissal Where the Rest of the Claims Were Transferred to Another Circuit”

Referral of Lawyer to Disciplinary Committee Is Not an Appealable Final Judgment, Holds D.C. Circuit

In Wisconsin Voters Alliance v. Harris, No. 21-5056 (D.C. Cir. Mar. 22, 2022), the D.C. Circuit holds that a district court judge’s decision to refer a lawyer to a bar disciplinary committee for misconduct was not a final judgment subject to appeal under 28 U.S.C. § 1291. “To call the underlying action in this caseContinue reading “Referral of Lawyer to Disciplinary Committee Is Not an Appealable Final Judgment, Holds D.C. Circuit”

Instructional Order to Court-Appointed Trustee in Post-Judgment Proceedings Not an Appealable Order, Holds Eleventh Circuit

In Acheron Capital, Ltd. v. Mukamal, No. 21-13052 (11 th Cir. Jan. 6, 2022), a panel of the Eleventh Circuit holds that an order authorizing a court-appointed trustee’s auctioning off of life-insurance policies was neither a “final decision” subject to appellate review, nor did it fall into any of the exceptions that permitted interlocutory reviewContinue reading “Instructional Order to Court-Appointed Trustee in Post-Judgment Proceedings Not an Appealable Order, Holds Eleventh Circuit”

Tenth Circuit Panel Splits Over Analysis of Finality of Judgment When Unserved Party Remained in the Case

In Adams v. C3 Pipeline Constr., No. 20-2055 (10th Cir. Nov. 2, 2021), the panel holds that the appeal was timely filed “more than 10 months after the summary judgment order” being appealed “but only three weeks after” final judgment was entered against a defaulting party. Still, the judges disagree on the correct analysis ofContinue reading “Tenth Circuit Panel Splits Over Analysis of Finality of Judgment When Unserved Party Remained in the Case”

Sixth Circuit Divides Over Whether Voluntary Dismissal of Undecided Claims Under Fed. R. Civ. P. 41(a)(2), “With the Intention of Reinstating the Dismissed Claims,” Creates an Appealable Final Judgment

In Rowland v. Southern Health Partners, Inc., No. 20-5944 (6th Cir. July 21, 2021), the panel splits over the meaning of its prior case law, holding that a voluntary dismissal without prejudice under Rule 41(a)(2) of claims that might be refiled after a successful appeal does not present a final, appealable judgment under 28 U.S.C.Continue reading “Sixth Circuit Divides Over Whether Voluntary Dismissal of Undecided Claims Under Fed. R. Civ. P. 41(a)(2), “With the Intention of Reinstating the Dismissed Claims,” Creates an Appealable Final Judgment”

Fifth Circuit Holds That It Has No Appellate Jurisdiction Over Post-Judgment Order to Return Interpleaded Funds to the Court’s Registry

In Reed Migraine Centers of TX v. Ticer, No. 20-10156 (5th Cir. Feb. 2, 2021), the panel holds that a Fed. R. Civ. P. 60(b)(5) order reopening an interpleader action and directing return of the funds was not a final appealable order. “Dr. Kenneth Reed, a member of both Reed Migraine Centers of Texas, LLCContinue reading “Fifth Circuit Holds That It Has No Appellate Jurisdiction Over Post-Judgment Order to Return Interpleaded Funds to the Court’s Registry”

D.C. Circuit Panel Splits Over Whether It Has Appellate Jurisdiction to Review Dismissal “Without Prejudice” That Gave Plaintiff Leave to Amend Within 14 Days

In North Am. Butterfly Assoc. v. Wolf,  No. 19-5052 (D.C. Cir. Oct. 13, 2020), a 2-1 panel devotes 41 pages of its opinion (out of 69) to the question of whether it has power to review an ambiguous final judgment. The merits issue in the district court was whether construction of “a segment of theContinue reading “D.C. Circuit Panel Splits Over Whether It Has Appellate Jurisdiction to Review Dismissal “Without Prejudice” That Gave Plaintiff Leave to Amend Within 14 Days”