No Appellate Jurisdiction Over Remand Order Under 28 U.S.C. § 1447(d) Except on Federal-Officer Ground, Holds First Circuit

In State of Rhode Island v. Shell Oil Prods. Co., LLC, No. 19-1818 (1st Cir. Oct. 29, 2020), the First Circuit joins the majority of circuits in holding that the appeal of a federal-officer removal argument under 28 U.S.C. § 1447(d) does not expose the entire remand order to appellate review. (This issue is nowContinue reading “No Appellate Jurisdiction Over Remand Order Under 28 U.S.C. § 1447(d) Except on Federal-Officer Ground, Holds First Circuit”

No Appellate Jurisdiction Over Foreign Discovery Dispute Under 28 U.S.C. § 1782, Holds Fifth Circuit

In Banca Pueyo SA v. Lone Star Fund IX (US), No. 20-10049 (5th Cir. Oct. 27, 2020), the Fifth Circuit holds that it lacked jurisdiction to hear an ongoing dispute about the scope of discovery in a proceeding under 28 U.S.C. § 1782. “Section 1782 is the most recent version of statutes that for moreContinue reading “No Appellate Jurisdiction Over Foreign Discovery Dispute Under 28 U.S.C. § 1782, Holds Fifth Circuit”

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”

Sixth Circuit Dashes the Concept of a Rule 23 “Negotiating” Class

In In re Nat’l Prescription Opiate Litig., No. 19-4097 (6th Cir. Sept. 24, 2020), a divided panel of the Sixth Circuit rebuffs a novel attempt to certify a Rule 23 class in a massive multi-district litigation (MDL) proceeding, solely for the purpose of giving the parties a vehicle for negotiating a global resolution. “The nationalContinue reading “Sixth Circuit Dashes the Concept of a Rule 23 “Negotiating” Class”

Fifth Circuit Lacks Appellate Jurisdiction Over Appeal of $125,000 Attorneys’ Fee Sanction Because the Notice of Appeal Failed to Name the Lawyer Who Was Taking the Appeal

The biggest USA pop record of 2012, “Thrift Shop” by hip hop duo Macklemore & Ryan Lewis, spawned litigation for copyright infringement by New Orleans-based musician Paul Batiste. In Batiste v. Lewis, No. 19-30400 (5th Cir. Sept. 22, 2020), the panel affirms summary judgment in favor of defendants. Adding insult to injury, the panel holdsContinue reading “Fifth Circuit Lacks Appellate Jurisdiction Over Appeal of $125,000 Attorneys’ Fee Sanction Because the Notice of Appeal Failed to Name the Lawyer Who Was Taking the Appeal”

First Circuit Holds That Declaratory Judgment Is Not Final and Appealable Until A Declaration of Rights Is Entered

In WM Capital Partners 53, LLC v. Barreras, Inc., No. 19-1364 (1st Cir. Sept. 22, 2020), the First Circuit dismisses the appeal of a declaratory judgment where summary judgment was granted, but the district court had not yet entered a declaration. “Plaintiff-appellee WM Capital Partners 53, LLC (‘WM Capital’) filed this diversity action seeking aContinue reading “First Circuit Holds That Declaratory Judgment Is Not Final and Appealable Until A Declaration of Rights Is Entered”

Fifth Circuit Eats Crow As It Withdraws Entire Decision on the Merits, Finding That the Notices of Appeal Were Filed Too Late

In Edwards v. 4JLJ, LLC, No. 19-40553 (5th Cir. Sept. 21, 2020), a panel of the Fifth Circuit reconsiders an appeal from a Fair Labor Standards Act trial and concludes that the merits decision must be almost-entirely withdrawn, owing to the cross-notices of appeal being filed too late. In the prior opinion, Edwards v. 4JLJ,Continue reading “Fifth Circuit Eats Crow As It Withdraws Entire Decision on the Merits, Finding That the Notices of Appeal Were Filed Too Late”

Dismissal “With Prejudice” Until Heck v. Humphrey Conditions Are Met Is Not A Final Appealable Order, Holds Fifth Circuit

In Cook v. City of Tyler, Tex., No. 19-40144 (5th Cir. Sept. 4, 2020) (per curiam), the court dismisses an appeal taken by defendants in a 42 U.S.C. § 1983 wrongful imprisonment case for lack of appellate jurisdiction. The form of judgment, while final in form, was held non-final because the plaintiff had leave toContinue reading “Dismissal “With Prejudice” Until Heck v. Humphrey Conditions Are Met Is Not A Final Appealable Order, Holds Fifth Circuit”

Dismissal of “All Claims … Without Prejudice” Is an Appealable Final Judgment, Holds Fifth Circuit

In Umbrella Investment Group, LLC, et al v. Wolters Kluwer Finan. Servs., Inc., No. 20-30078 (5th Cir. Aug. 26, 2020), the panel holds that it has appellate jurisdiction over the dismissal of “all claims … without prejudice” for failure to state a claim under Fed. R. Civ. P. 12(b)(6), by alleging fraud without the specificityContinue reading “Dismissal of “All Claims … Without Prejudice” Is an Appealable Final Judgment, Holds Fifth Circuit”

Union Took Wrong Route to Challenge Inclusion in Declaratory Judgment, Holds Seventh Circuit

In Shakman v. Clerk of the Circuit Court, No. 19-2772 (7th Cir. Aug. 13, 2020), the Seventh Circuit dismisses an appeal on the ground that the union bringing it was not a party to the action below, and thus the court lacked jurisdiction to consider its challenge a declaratory judgment that affected its operations. Shakman,Continue reading “Union Took Wrong Route to Challenge Inclusion in Declaratory Judgment, Holds Seventh Circuit”