In Coomer v. Make Your Life Epic LLC, No. 23-1109 (10th Cir. Apr. 23, 2024), the Tenth Circuit dismissed an attempted appeal of an order denying a “special motion to dismiss” under a state anti-SLAPP statue, holding that it did not fit within the confines of the collateral-order doctrine. Many jurisdictions have anti-SLAPP (Strategic LawsuitContinue reading “Denial of Anti-SLAPP Motion to Dismiss Not Appealable Under Collateral-Order Doctrine Holds Tenth Circuit, Noting Split in Circuits”
Tag Archives: Appellate Jurisdiction
“Law of the Case” Does Not Apply to Subject-Matter Jurisdiction Ruling by Motion Panel, Holds Split Eighth Circuit Panel
In Nordgren v. Hennepin Cnty., No. 22-1902 (8th Cir. Mar. 21, 2024), a 2-1 Eighth Circuit panel holds that a merits panel may reconsider the timeliness of an appeal even after a motion panel has already denied a motion to dismiss on the same ground, notwithstanding the “law of the case” doctrine. In a §Continue reading ““Law of the Case” Does Not Apply to Subject-Matter Jurisdiction Ruling by Motion Panel, Holds Split Eighth Circuit Panel”
Ninth Circuit Holds That Mootness is Discretionary, Rather Than Jurisdictional, Doctrine After the Court of Appeals Has Rendered Its Decision
In United States v. Perez-Garcia, No. 22-50314 (9th Cir. Mar. 18, 2024), the Ninth Circuit holds that once it has already announced a decision, any arguments thereafter regarding mootness are discretionary rather than jurisdictional, subject to “equitable and pragmatic considerations.” During a criminal proceeding below, two defendants – as a condition of pretrial release –Continue reading “Ninth Circuit Holds That Mootness is Discretionary, Rather Than Jurisdictional, Doctrine After the Court of Appeals Has Rendered Its Decision”
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
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”
After the Parties Settle All Claims, An Appeal From the Final Judgment Is Moot, Holds Eighth Circuit
In Folta v. Norfork Brewing Co., No. 22-3518 (8th Cir. Dec. 22, 2023), the Eighth Circuit dismisses an appeal from a case where all the claims settled, despite the defendant’s argument that it reserved the right to appeal in the settlement. “Norfork operates a small brewery in Arkansas. Folta was employed there from approximately MayContinue reading “After the Parties Settle All Claims, An Appeal From the Final Judgment Is Moot, Holds Eighth Circuit”
Split Ninth Circuit Panel Holds That Plaintiff Who Filed Original Securities Fraud Action Ceased to Be a Party When Court Appointed a Different Lead Plaintiff Under the PSLRA
In Habelt v. iRhythm Technologies, Inc., No. 22-15660 (9th Cir. Oct. 11, 2023), a 2-1 panel holds that the original putative lead plaintiff in a securities fraud case was no longer a “party” with standing to appeal when a different lead plaintiff was appointed by the district court under the Private Securities Litigation Reform ActContinue reading “Split Ninth Circuit Panel Holds That Plaintiff Who Filed Original Securities Fraud Action Ceased to Be a Party When Court Appointed a Different Lead Plaintiff Under the PSLRA”
Lack of Evidence About the Citizenship of a Limited Liability Company at the Time of the Filing of the Complaint Requires Remand, Holds Fifth Circuit
In SXSW, LLC v. Federal Insurance Co., No. 22-50933 (5th Cir. Oct. 5, 2023), the Fifth Circuit exercises its authority to remand an appeal to the district court to sort out factually whether there was diversity at the time the complaint was filed. Plaintiff “SXSW planned to hold its annual ‘South by Southwest’ festival inContinue reading “Lack of Evidence About the Citizenship of a Limited Liability Company at the Time of the Filing of the Complaint Requires Remand, Holds Fifth Circuit”
Federal Equitable Power Did Not Extend to Returning Seized Cell Phone to “My Pillow” CEO, Holds Eighth Circuit
In Lindell v. United States, No. 22-3510 (8th Cir. Sept. 23, 2023), the Eighth Circuit affirms a district court’s denial of a preliminary injunction to MyPillow, Inc. and its Chief Executive Officer Michael Lindell to return “Lindell’s cell phone that was seized by federal agents on September 13, 2022.” The panel splits, though, on whetherContinue reading “Federal Equitable Power Did Not Extend to Returning Seized Cell Phone to “My Pillow” CEO, Holds Eighth Circuit”
Eleventh Circuit Holds That Fed. R. Civ. P. 41(a)(1)(A)(ii) Stipulation Must Be Signed by All Parties Who Have Appeared in a Lawsuit to Be Effective, Creating Split with the Fifth Circuit
In City of Jacksonville v. Jacksonville Hospitality Holdings, L.P., No. 22-12419 (11th Cir. Sept. 13, 2023), the Eleventh Circuit holds in a matter of first impression that all parties to a case—not just those directly involved in the dismissal—must sign a Fed. R. Civ. P. 41(a)(1)(A)(ii) dismissal motion for it to be effective. Rule 41(a)(1)(A)(ii)Continue reading “Eleventh Circuit Holds That Fed. R. Civ. P. 41(a)(1)(A)(ii) Stipulation Must Be Signed by All Parties Who Have Appeared in a Lawsuit to Be Effective, Creating Split with the Fifth Circuit”
Settlement Agreement That Paid Plaintiff $100,000 to Take an Appeal Did Not Deprive Court of “Case or Controversy,” Holds Divided, En Banc Elventh Circuit
In Carson v. Mansanto Co., No. 21-10994 (11th Cir. July 10, 2023), the en banc Eleventh Circuit holds that it has appellate jurisdiction to adjudicate a dispute about whether a “federal agency action that otherwise lacks the force of law preempts the requirements of state law,” despite the complication that the defendant paid the plaintiffContinue reading “Settlement Agreement That Paid Plaintiff $100,000 to Take an Appeal Did Not Deprive Court of “Case or Controversy,” Holds Divided, En Banc Elventh Circuit”
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