Tag Archives: Fed. R. App. P. 3

Fourth Circuit Holds That “General Merger Rule” of Newly Amended Fed. R. App. P. 3(c)(4) Means That Notice of Appeal of Summary Judgment Confers Appellate Jurisdiction Over an Interlocutory Order Denying Appointment of Counsel

In Jenkins v. Woodard, No. 22-6197 (4th Cir. July 22, 2024), the Fourth Circuit confronts an issue arising under 2021 amendment to Fed. R. App. P. 3: how to apply the new “general merger rule” to a federal notice of appeal that names just the summary judgment order. The amendment of Rule 3 was meantContinue reading “Fourth Circuit Holds That “General Merger Rule” of Newly Amended Fed. R. App. P. 3(c)(4) Means That Notice of Appeal of Summary Judgment Confers Appellate Jurisdiction Over an Interlocutory Order Denying Appointment of Counsel”

Fifth Circuit Lacks Appellate Jurisdiction Over Appeal of $125,000 Attorneys’ Fee Sanction Because the Notice of Appeal Failed to Name the Lawyer Who Was Taking the Appeal

The biggest USA pop record of 2012, “Thrift Shop” by hip hop duo Macklemore & Ryan Lewis, spawned litigation for copyright infringement by New Orleans-based musician Paul Batiste. In Batiste v. Lewis, No. 19-30400 (5th Cir. Sept. 22, 2020), the panel affirms summary judgment in favor of defendants. Adding insult to injury, the panel holdsContinue reading “Fifth Circuit Lacks Appellate Jurisdiction Over Appeal of $125,000 Attorneys’ Fee Sanction Because the Notice of Appeal Failed to Name the Lawyer Who Was Taking the Appeal”

Premature Notice of Appeal Tanks Jurisdiction, Holds First Circuit, Creating Circuit Split

In Donahue v. FNMA, No. 19-1618 (1st Cir. Aug. 14, 2020), the court holds that a notice of appeal filed before the last of the parties is dismissed does not confer appellate jurisdiction and cannot be corrected later by filing a voluntary dismissal in the district court. At least three circuits have held, to theContinue reading “Premature Notice of Appeal Tanks Jurisdiction, Holds First Circuit, Creating Circuit Split”