In Abdelhady v. George Washington Univ., No. 22-7148 (D.C. Cir. Jan. 9, 2024), the D.C. Circuit holds that a party may immediately appeal the denial of a motion to seal summary judgment exhibits containing “private medical treatments and diagnoses” under the collateral order doctrine. Plaintiff brought a personal injury case against the university. “In theContinue reading “D.C. Circuit Holds That Party May Appeal Denial of Motion to Seal Exhibits with “Private Medical Treatments and Diagnoses” Under Collateral Order Doctrine”
Tag Archives: 28 U.S.C. § 1291
Second Circuit Adds to Split About Whether There is Appellate Jurisdiction Over Qualified Immunity Orders That Are Not Decided on the Merits
In Maye v. City of New Haven, No. 23-459 (2d Cir. Dec. 26, 2023), The Second Circuit joins the Fifth Circuit in holding that there is no appellate jurisdiction over the denial of summary judgment on a qualified immunity defense that is denied for reasons extrinsic to the merits. The First and Eleventh Circuits haveContinue reading “Second Circuit Adds to Split About Whether There is Appellate Jurisdiction Over Qualified Immunity Orders That Are Not Decided on the Merits”
Fourth Circuit Holds That It Lacks Appellate Jurisdiction Under Perlman Doctrine to Review Criminal Defendant’s Interlocutory Appeal Concerning a Grand Jury Subpoena
In In re Grand Jury 2021 Subpoenas, No. 22-1654 (4th Cir. Nov. 22, 2023), the Fourth Circuit holds that because of Mohawk Industries, Inc. v. Carpenter, 558 U.S. 100 (2009) – which scaled back the collateral-order doctrine as applied to attorney-client privilege – it must reassess the continued viability of the Perlman doctrine (Perlman v.Continue reading “Fourth Circuit Holds That It Lacks Appellate Jurisdiction Under Perlman Doctrine to Review Criminal Defendant’s Interlocutory Appeal Concerning a Grand Jury Subpoena”
Split Eighth Circuit Panel Holds That Voluntary Dismissal of Pending Claims Against Some Defendants Without Prejudice Did Not Create “Final Decision” or Appellate Jurisdiction Under 28 U.S.C. § 1291
In City of Burnsville v. Koppers, Inc., No. 21-3177 (8th Cir. July 19, 2023), a split Eight Circuit panel dismisses an appeal that it holds arose from a non-final judgment, where the parties agreed to voluntarily dismiss all remaining claims without prejudice to appeal a contested issue of law. “Several cities in Minnesota allege thatContinue reading “Split Eighth Circuit Panel Holds That Voluntary Dismissal of Pending Claims Against Some Defendants Without Prejudice Did Not Create “Final Decision” or Appellate Jurisdiction Under 28 U.S.C. § 1291”
Fed. R. Civ. P. 41(a)(2) Cannot Be Used to Dismiss Individual Claims, Holds Eleventh Circuit
In Rosell v. VMSB, LLC, No. 22-11325 (11th Cir. May 12, 2023), The Eleventh Circuit “make[s] explicit what our precedent has implied for almost two decades: Federal Rule of Civil Procedure 41(a)(2) provides only for the dismissal of an entire action. Any attempt to use this rule to dismiss a single claim, or anything lessContinue reading “Fed. R. Civ. P. 41(a)(2) Cannot Be Used to Dismiss Individual Claims, Holds Eleventh Circuit”
Second Circuit Holds That Foreclosure Order That Defers Calculation of Judgment Is Not a Final Appealable Order
In RSS WFCM2018-C44 – NY LOD, LLC v. 1442 Lexington Operating DE LLC, No. 22-1 (2d Cir. Feb. 13, 2023), the Second Circuit holds in a matter of first impression for the circuit that a foreclosure order that also “refers the case to a magistrate judge to calculate the amount of the judgment of foreclosureContinue reading “Second Circuit Holds That Foreclosure Order That Defers Calculation of Judgment Is Not a Final Appealable Order”
Second Circuit Dismisses Pseudonymously Filed Appeal as Violation of Fed. R. App. P. 32(d)
In Publicola v. Lomenzo, No. 22-795 (2d Cir. Nov. 29, 2022), the Second Circuit publishes an order dismissing an appeal after the plaintiff-appellant violated an order to file their appeal under their real name. “In December 2021, Appellant commenced this action under 42 U.S.C. § 1983 against the Town of Penfield, the NYSLRB, current andContinue reading “Second Circuit Dismisses Pseudonymously Filed Appeal as Violation of Fed. R. App. P. 32(d)”
Plaintiffs Waited Too Long to Appeal Post-Judgment Formula for Calculating Interest, Holds Second Circuit
In Amara v. Cigna Corp., No. 20-202 (2d Cir. Nov. 10, 2022), reviewing post-judgment orders in a long-running class action under the Employee Retirement Income Security Act (ERISA), the Second Circuit holds that it has no jurisdiction over the plaintiff-class’s challenge to the district court’s orders setting the formula for calculating interest because the noticeContinue reading “Plaintiffs Waited Too Long to Appeal Post-Judgment Formula for Calculating Interest, Holds Second Circuit”
Seventh Circuit Holds That Denial of Motion to Quash Administrative Warrant Is Not a Final Order for Immediate Appeal Under 28 U.S.C. § 1291
In Anthony Marano Co. v. Walsh, No. 21-2661 (7th Cir. Oct. 18, 2022), presenting an issue of first impression for the circuit, the Seventh Circuit holds that there is no appellate jurisdiction to review the legal sufficiency of an administrative warrant prior to its execution under 28 U.S.C. § 1291. “Anthony Marano Company (‘AMC’ orContinue reading “Seventh Circuit Holds That Denial of Motion to Quash Administrative Warrant Is Not a Final Order for Immediate Appeal Under 28 U.S.C. § 1291”
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”
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