Tag Archives: Appellate Jurisdiction

Class Representative Who Won at Trial Can Still Appeal Class Decertification, Holds Second Circuit

In Jin v. Shanghai Original, Inc., No. 19-3782 (2d Cir. Mar. 9, 2021), the Second Circuit holds that although a prevailing party ordinarily does not have standing to appeal, a plaintiff who was also a class representative may nevertheless appeal the decertification of the class. Plaintiff Jin successfully moved to certify a Fed. R. Civ.Continue reading “Class Representative Who Won at Trial Can Still Appeal Class Decertification, Holds Second Circuit”

Fifth Circuit Wrestles with Diversity and a Quirk in Appellate Jurisdiction in Review of a Burford Abstention Decision

In Grace Ranch, LLC v. BP American Prod. Co., No. 20-30224 (5th Cir. Feb. 26, 2021), the Fifth Circuit – in a case of first impression for that court – decides that, notwithstanding 28 U.S.C. § 1447(d), it has appellate jurisdiction to review a Burford abstention remand to state court. It also dismisses the stateContinue reading “Fifth Circuit Wrestles with Diversity and a Quirk in Appellate Jurisdiction in Review of a Burford Abstention Decision”

Sixth Circuit Holds That Notice of Appeal Was Timely Filed When It Was Deposited in the Court Drop Box

In Pierce v. Ocwen Loan Servg., LLC, No. 20-6057 (6th Cir. Feb. 4, 2021), a motion panel denies a motion to dismiss an appeal on limitations grounds, holding that the lawyer dropping the paper notice of appeal in the district court’s drop box constituted filing for purposes of Fed. R. App. P. 4. “Homeowners GeraldContinue reading “Sixth Circuit Holds That Notice of Appeal Was Timely Filed When It Was Deposited in the Court Drop Box”

Fifth Circuit Holds That It Has No Appellate Jurisdiction Over Post-Judgment Order to Return Interpleaded Funds to the Court’s Registry

In Reed Migraine Centers of TX v. Ticer, No. 20-10156 (5th Cir. Feb. 2, 2021), the panel holds that a Fed. R. Civ. P. 60(b)(5) order reopening an interpleader action and directing return of the funds was not a final appealable order. “Dr. Kenneth Reed, a member of both Reed Migraine Centers of Texas, LLCContinue reading “Fifth Circuit Holds That It Has No Appellate Jurisdiction Over Post-Judgment Order to Return Interpleaded Funds to the Court’s Registry”

Dissenting Ninth Circuit Judge Makes “Plea to the Supreme Court” to Fix Interlocutory Appeals of Qualified Immunity

A split panel in Estate of Anderson v. Marsh, No. 19-15068 (9th Cir. Jan. 15, 2021) holds that the court of appeals lacks jurisdiction over an interlocutory appeal – at the summary judgment stage – of a denial of qualified immunity. The dissenting judge, though, implores the Supreme Court to review the appellate jurisdiction issue,Continue reading “Dissenting Ninth Circuit Judge Makes “Plea to the Supreme Court” to Fix Interlocutory Appeals of Qualified Immunity”

Three-Judge Panel Can Overrule Circuit Precedent If Its Reasoning Is “Irreconcilable” With Intervening Supreme Court Authority, Holds Ninth Circuit

In Langere v. Verizon Wireless Servs., No. 19-55747 (9th Cir. Dec. 29, 2020), the Ninth Circuit clarifies the standard for when a three-judge panel may overrule circuit precedent in the face of “irreconcilable” Supreme Court authority. It holds that it is not necessary for the prior circuit caselaw to be on all fours with theContinue reading “Three-Judge Panel Can Overrule Circuit Precedent If Its Reasoning Is “Irreconcilable” With Intervening Supreme Court Authority, Holds Ninth Circuit”

Plaintiffs Run Out 150-Day Fail Safe Limit Under Fed. R. Civ. P. 58(c) to Appeal From MDL, Holds Seventh Circuit

In Bell v. Albertson Cos., Inc., No. 19-2581 (7th Cir. Dec. 7, 2020), a two-judge panel of the Seventh Circuit (after Judge Barrett’s elevation to the Supreme Court) reverses the district court’s dismissal of unfair business practice claims, but holds that two of the appeals are time-barred under Fed. R. Civ. P 58(c) and Fed.Continue reading “Plaintiffs Run Out 150-Day Fail Safe Limit Under Fed. R. Civ. P. 58(c) to Appeal From MDL, Holds Seventh Circuit”

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”