Tag Archives: Appellate Jurisdiction

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”

Perfunctory Fed. R. Civ. P 54(b) Certification Fails to Confer Appellate Jurisdiction, Holds D.C. Circuit

In a breach-of-privacy action, Attias v. CareFirst, Inc., No. 19-7020 (D.C. Cir. Aug. 11, 2020), the D.C. Circuit holds that the district court’s failure to explain his Rule 54(b) dismissal of some plaintiffs and claims dashes jurisdiction over an appeal. Seven plaintiffs filed a putative class action against a health insurer following a hack ofContinue reading “Perfunctory Fed. R. Civ. P 54(b) Certification Fails to Confer Appellate Jurisdiction, Holds D.C. Circuit”

Appellate Jurisdiction Lacking Over Appeal of Denial of Motion to Quash Grand Jury Subpoena Where Documents Are Not Claimed to Be Privileged, Holds Ninth Circuit

In In re Grand Jury Investigation, No. 19-10187 (9th Cir. July 27, 2020), the Ninth Circuit considers the scope of Perlman v. United States, 247 U.S. 7 (1918), which provides an exception to the general rule that denials of motions to quash grand jury subpoenas are not final and appealable orders. The grand jury, investigatingContinue reading “Appellate Jurisdiction Lacking Over Appeal of Denial of Motion to Quash Grand Jury Subpoena Where Documents Are Not Claimed to Be Privileged, Holds Ninth Circuit”

Federal Arbitration Act Requires an Immediate Trial to Resolve Genuine Disputes of Material Fact About Arbitrability, Says D.C. Circuit

A district court erred by not holding an immediate trial to resolve a factual dispute about whether the parties agreed to arbitrate an employment discrimination claim. (Jin v. Parsons Corp., No. 19-7019 (D.C. Cir. July 24, 2020).) The Federal Arbitration Act (FAA) spells out a procedure in 9 U.S.C. § 4 for when there isContinue reading “Federal Arbitration Act Requires an Immediate Trial to Resolve Genuine Disputes of Material Fact About Arbitrability, Says D.C. Circuit”