In Bailey v. Worthington Cylinder Corp., No. 22-2111 (7th Cir. Jan. 22, 2024), the Seventh Circuit dismisses an out-of-state lawyer’s appeal of a lower order revoking his pro hac vice admission, holding that his reputational interest alone does not present a redressable interest to support Article III standing. Appellant counsel “is an attorney licensed toContinue reading “Seventh Circuit Holds That Lawyer Has No Article III Standing to Appeal Court Order Revoking His Pro Hac Vice Admission Where Case Below Is Settled and Dismissed with Prejudice”
Tag Archives: 28 U.S.C. § 1292(b)
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”
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”
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”
Interlocutory Appeal Under 28 U.S.C. § 1292(b) Should Not Be Granted Where It Will “Not Accelerate [the] End” of Litigation, Holds Sixth Circuit
In In re Nicholas Paul Somberg, No. 22-0101 (6th Cir. Apr. 21, 2022), the Sixth Circuit in a published but unsigned order denied a certified appeal of denial of summary judgment under 28 U.S.C. § 1292(b). Despite that the district court certified the appeal and defendant did not oppose it, the panel holds that theContinue reading “Interlocutory Appeal Under 28 U.S.C. § 1292(b) Should Not Be Granted Where It Will “Not Accelerate [the] End” of Litigation, Holds Sixth Circuit”
Ninth Circuit Holds That Court of Appeals Could Not Extend Appellate Jurisdiction Under 28 U.S.C. § 1292(b) to Address Question of Law Not Presented in the “Four Corners of the Certified Order”
In ICTSI Oregon, Inc. v. Int’l Longshore and Warehouse Union, No. 20-35818 (9th Cir. Jan. 18, 2022), the Ninth Circuit declines to accept certification of an interlocutory appeal under 28 U.S.C. § 1292(b). It holds that one question in the certified order is really just a question of fact, while the other question – whileContinue reading “Ninth Circuit Holds That Court of Appeals Could Not Extend Appellate Jurisdiction Under 28 U.S.C. § 1292(b) to Address Question of Law Not Presented in the “Four Corners of the Certified Order””
Fifth Circuit Panel Splits Over Application of the Party Presentation Principle in § 1292(b) Interlocutory Appeal
In Gonzalez v. CoreCivic, Inc., No. 19-50691 (5th Cir. Jan. 20, 2021), the panel—reviewing an interlocutory denial of a motion to dismiss—divides over whether to reach an issue not briefed by the parties to resolve the appeal. The district court certified the order denying a Fed. R. Civ. P 12(b)(6) dismissal, specifying the following issue:Continue reading “Fifth Circuit Panel Splits Over Application of the Party Presentation Principle in § 1292(b) Interlocutory Appeal”
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