Instructional Order to Court-Appointed Trustee in Post-Judgment Proceedings Not an Appealable Order, Holds Eleventh Circuit

In Acheron Capital, Ltd. v. Mukamal, No. 21-13052 (11 th Cir. Jan. 6, 2022), a panel of the Eleventh Circuit holds that an order authorizing a court-appointed trustee’s auctioning off of life-insurance policies was neither a “final decision” subject to appellate review, nor did it fall into any of the exceptions that permitted interlocutory reviewContinue reading “Instructional Order to Court-Appointed Trustee in Post-Judgment Proceedings Not an Appealable Order, Holds Eleventh Circuit”

Eleventh Circuit Affirms Unsealing of Exhibits That Contain “Inadvisable Hot Takes” and Takes Aim at Abuse of Trendy “(Cleaned Up)” Parenthetical

In Callahan v. United Network for Organ Sharing, No. 20-13932 11th Cir. Nov. 17, 2021), the panel affirms a district court’s decision to unseal exhibits filed in support of a preliminary motion. A consortium of individuals, hospitals, and universities (the hospitals) sued to enjoin a Health and Human Services regulation changing the formula for allocatingContinue reading “Eleventh Circuit Affirms Unsealing of Exhibits That Contain “Inadvisable Hot Takes” and Takes Aim at Abuse of Trendy “(Cleaned Up)” Parenthetical”

Split Second Circuit Panel Holds That Collateral Order Doctrine Allows Interlocutory Review of Order of Fugitive Disentitlement, Creating a Circuit Split

In United States v. Sindzingre, No.19-1698 (2d Cir. Aug. 5, 2021), a 2-1 panel decides both its appellate jurisdiction to review an interlocutory order under the fugitive disentitlement doctrine, disagreeing with the Sixth and Eleventh Circuits. The panel majority also holds that the district court erred in holding that the doctrine applied to “a foreignContinue reading “Split Second Circuit Panel Holds That Collateral Order Doctrine Allows Interlocutory Review of Order of Fugitive Disentitlement, Creating a Circuit Split”

Fifth Circuit Adheres to Granting Interlocutory Review of Denial of State-Action Immunity in Antitrust Cases Under Collateral Order Doctrine, Continuing Circuit Split

In Quadvest L.P. v. San Jacinto River Auth., No. 20-20447 (5th Cir. Aug. 5, 2021), a Fifth Circuit panel holds in a Sherman Act case that, despite every other circuit rejecting its view, it will accept interlocutory review of a defendant’s “entitlement to state-action antitrust immunity in a motion to dismiss” under the collateral orderContinue reading “Fifth Circuit Adheres to Granting Interlocutory Review of Denial of State-Action Immunity in Antitrust Cases Under Collateral Order Doctrine, Continuing Circuit Split”

No Interlocutory Appeal of Interim Fee Award Paid Directly by Defendant, Holds Ninth Circuit

In AdTrader Inc. v. Google LLC, No. 20-15542 (9th Cir. July 30, 2021), the Ninth Circuit holds that an interim award of fees in a class action that is paid by the defendant, rather than through a common fund, is not subject to an interlocutory appeal. Google LLC runs advertising platforms for digital ads, andContinue reading “No Interlocutory Appeal of Interim Fee Award Paid Directly by Defendant, Holds Ninth 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”

Court Finding That Defendant Is Competent to Stand Trial Not Subject to Interlocutory Appeal, Holds Tenth Circuit

In United States v. Perea, No. 19-2160 (10th Cir. Oct. 20, 2020), the Tenth Circuit holds that a finding of competency to stand trial in a federal criminal trial is not a collateral order subject to interlocutory appeal. Defendant was indicted on nine counts of child pornography. The district court initially found him not competentContinue reading “Court Finding That Defendant Is Competent to Stand Trial Not Subject to Interlocutory Appeal, Holds Tenth Circuit”