In Rudometkin v. Driscoll, No. 25-5033 (D.C. Cir. Aug. 24, 2026), the D.C. Circuit considers its jurisdiction over two pro se notices of appeal filed beyond the 30- or 60-day deadline. It holds that “if a pro se notice of appeal can reasonably be read as recognizing that the appeal is late, providing reasons forContinue reading “D.C. Circuit Cuts Pro Se Litigants Some (But Not Unlimited) Slack on Filing a Late Notice of Appeal Under Fed. R. App. P. 4(a)(1)”
Tag Archives: D.C. Circuit
Discovery Order Related to an Immunity Defense Was Not a Collateral Order Subject to an Interlocutory Appeal, Holds D.C. Circuit
The D.C. Circuit holds in Rodriguez v. Pan American Health Org., 24-7135 (D.C. Aug. 14, 2026), that while an interlocutory right of appeal arises from denial of immunity under the International Organizations Immunities Act (IOIA) under the collateral-order doctrine, there is no corresponding right of appeal for a defendant from an order allowing jurisdictional discovery.Continue reading “Discovery Order Related to an Immunity Defense Was Not a Collateral Order Subject to an Interlocutory Appeal, Holds D.C. Circuit”
Never Say Die: D.C. Circuit Holds That Plaintiff Preserved Standing Argument by Raising It for the First Time in a Fed. R. Civ. P. 59(e) Motion After District Court’s Dismissal
In Tanner-Brown v. Haaland, No. 22-5302 (D.C. Cir. June 25, 2024), the D.C. Circuit reverses dismissal on Article III standing grounds of an action against the U.S. Department of Interior for an accounting, based on an argument only first raised by plaintiff after dismissal in a Fed. R. Civ. P. 59(e) motion to reconsider. “AppellantContinue reading “Never Say Die: D.C. Circuit Holds That Plaintiff Preserved Standing Argument by Raising It for the First Time in a Fed. R. Civ. P. 59(e) Motion After District Court’s Dismissal”
D.C. Circuit Vacates “Sledgehammer” Pre-Filing Injunction Against Frequent Filer That Applied to Every Court in the Nation
In Klayman v. Porter, No. 22-7123 (D.C. Cir. June 11, 2024), the D.C. Circuit strikes down the sanction of “restricting [plaintiff]’s ability to file any related actions or claims for relief in any forum, state or federal,” citing prudential and constitutional limits to federal equitable power. “In recent years, the District of Columbia Bar’s OfficeContinue reading “D.C. Circuit Vacates “Sledgehammer” Pre-Filing Injunction Against Frequent Filer That Applied to Every Court in the Nation”
A Presidential Pardon Does Not Mean That a Prior Conviction Is Not a “Bad Act” Under Fed. R. Evid. 404(b), Holds D.C. Circuit
In United States v. Benton, No. 23-3028 (D.C. Cir. Apr. 19, 2024), while affirming the conviction of a political consultant for felonies stemming from an unlawful contribution and related campaign-finance filings, the panel holds (among other things) that the defendant’s presidential pardon of a prior conviction did not bar its use as “bad acts” evidenceContinue reading “A Presidential Pardon Does Not Mean That a Prior Conviction Is Not a “Bad Act” Under Fed. R. Evid. 404(b), Holds D.C. Circuit”
D.C. Circuit Holds That Party May Appeal Denial of Motion to Seal Exhibits with “Private Medical Treatments and Diagnoses” Under Collateral Order Doctrine
In Abdelhady v. George Washington Univ., No. 22-7148 (D.C. Cir. Jan. 9, 2024), the D.C. Circuit holds that a party may immediately appeal the denial of a motion to seal summary judgment exhibits containing “private medical treatments and diagnoses” under the collateral order doctrine. Plaintiff brought a personal injury case against the university. “In theContinue reading “D.C. Circuit Holds That Party May Appeal Denial of Motion to Seal Exhibits with “Private Medical Treatments and Diagnoses” Under Collateral Order Doctrine”
Referral of Lawyer to Disciplinary Committee Is Not an Appealable Final Judgment, Holds D.C. Circuit
In Wisconsin Voters Alliance v. Harris, No. 21-5056 (D.C. Cir. Mar. 22, 2022), the D.C. Circuit holds that a district court judge’s decision to refer a lawyer to a bar disciplinary committee for misconduct was not a final judgment subject to appeal under 28 U.S.C. § 1291. “To call the underlying action in this caseContinue reading “Referral of Lawyer to Disciplinary Committee Is Not an Appealable Final Judgment, Holds D.C. Circuit”
Failure to Effect Service on U.S. Attorney and Attorney General Under Fed. R. Civ. P. 4(i)(1)(A)–(B) Dooms Lawsuits Against Agencies, Split D.C. Circuit Holds
In Morrissey v. Mayorkas, No. 20-5024 (D.C. Cir. Nov. 9, 2021), the court consolidates two appeals presenting the same issue: whether plaintiffs who properly served the federal agencies where they worked in their age discrimination actions but failed to timely serve the U.S. Attorney for the District of Columbia and the U.S. Attorney General mustContinue reading “Failure to Effect Service on U.S. Attorney and Attorney General Under Fed. R. Civ. P. 4(i)(1)(A)–(B) Dooms Lawsuits Against Agencies, Split D.C. Circuit Holds”
D.C. Circuit, Overruling Its Prior Caselaw, Holds That Local Access of Airline’s Website Does Not Support Personal Jurisdiction
In Erwin-Simpson v. AirAsia Berhad, No. 19-7034 (D.C. Cir. Jan. 19, 2021), the panel affirms an order dismissing a claim for injuries on a 2016 flight from Malaysia to Cambodia, holding that the allegations “did not arise from any activity by AirAsia in the District of Columbia, and the only presence that the airline identifies hereContinue reading “D.C. Circuit, Overruling Its Prior Caselaw, Holds That Local Access of Airline’s Website Does Not Support Personal Jurisdiction”
Court’s “Anti-Deadlock Instructions Likely Coerced a Unanimous Verdict” Requiring Retrial, Holds D.C. Circuit
In United States v. Driscoll, No. 19-3074 (D.C. Cir. Jan. 5, 2021), the panel holds that the district court’s repeated efforts to force a verdict denied the defendant a fair trial and required that the conviction be vacated. “Jury deliberations in Driscoll’s trial began on Tuesday, November 20. The jury deliberated for approximately 45 minutesContinue reading “Court’s “Anti-Deadlock Instructions Likely Coerced a Unanimous Verdict” Requiring Retrial, Holds D.C. Circuit”
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