No Interlocutory Appeal of Decision Denying Summary Judgment on Title VII “Ministerial Exception” Defense, Split Tenth Circuit Panel Holds

In Tucker v. Faith Bible Chapel Int’l., No. 20-1230 (10th Cir. June 7, 2022), a 2-1 panel of the Tenth Circuit holds that there is no appellate jurisdiction under the collateral-order doctrine to review the denial of summary judgment on the “ministerial exception” recognized by the U.S. Supreme Court. Two Supreme Court decisions from theContinue reading “No Interlocutory Appeal of Decision Denying Summary Judgment on Title VII “Ministerial Exception” Defense, Split Tenth Circuit Panel Holds”

Despite “Predicament” That Plaintiffs May Get No Appeal on the Merits, Eleventh Circuit Holds That There Is No Jurisdiction to Review a Partial Dismissal Where the Rest of the Claims Were Transferred to Another Circuit

In Jenkins v. Prime Ins. Co., No. 21-11104 (11th Cir. May 4, 2022), the Eleventh Circuit holds that where a district court dismisses part of case on the merits and transfers the rest out of circuit under 28 U.S.C. § 1404(a), the partial dismissal is not a final decision subject to appeal under 28 U.S.C.Continue reading “Despite “Predicament” That Plaintiffs May Get No Appeal on the Merits, Eleventh Circuit Holds That There Is No Jurisdiction to Review a Partial Dismissal Where the Rest of the Claims Were Transferred to Another Circuit”

Fifth Circuit Judges Clash in Gun “Free Speech” Case About Whether Mandamus Was Appropriate Relief to Vacate Joint Severance and Transfer Order

In Defense Distributed v. Bruck, No. 21-50327 (5th Cir. Apr. 1, 2022), a 2-1 panel of the Fifth Circuit issues a writ of mandamus directing a federal judge in the Western District of Texas to vacate an order severing and transferring part of a case to the District of New Jersey, and to request thatContinue reading “Fifth Circuit Judges Clash in Gun “Free Speech” Case About Whether Mandamus Was Appropriate Relief to Vacate Joint Severance and Transfer Order”

Tenth Circuit Affirms Preliminary Injunction Under Lanham Act, but “Went Too Far” With Mandatory Provision Requiring Removal of Two Sculptures from School Campus

In The Trial Lawyers College v. Gerry Spence Trial Lawyers College, No. 20-8038 (10th Cir. Jan. 27, 2022), the Tenth Circuit substantially affirms a district court’s preliminary injunction in a dispute between two rival factions at a trial-lawyer school, though it holds the district court abused its discretion by  “ordering removal of sculptures bearing theContinue reading “Tenth Circuit Affirms Preliminary Injunction Under Lanham Act, but “Went Too Far” With Mandatory Provision Requiring Removal of Two Sculptures from School Campus”

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”