28 U.S.C. § 1292(a)(3) – Paul Mollica's Federal Courts Blog

Splitting With the Fifth Circuit, First Circuit Holds That a Third-Party Claim May Bring a Case Within Appellate Jurisdiction Under 28 U.S.C. § 1292(a)(3)

In United States v. Ernst Jacob GmbH & Co. KG, No. 23-1969 (1st Cir. Oct. 23, 2025), the First Circuit rejects a holding in the Fifth Circuit and holds that a third-party defendant’s complaint for subrogation or contribution is enough to give a U.S. Court of Appeals jurisdiction over an interlocutory appeal under 28 U.S.C.Continue reading “Splitting With the Fifth Circuit, First Circuit Holds That a Third-Party Claim May Bring a Case Within Appellate Jurisdiction Under 28 U.S.C. § 1292(a)(3)”