Tag Archives: Fed. R. Civ. P. 54(b)

Split Eighth Circuit Panel Holds That Voluntary Dismissal of Pending Claims Against Some Defendants Without Prejudice Did Not Create “Final Decision” or Appellate Jurisdiction Under 28 U.S.C. § 1291

In City of Burnsville  v.  Koppers, Inc., No. 21-3177 (8th Cir. July 19, 2023), a split Eight Circuit panel dismisses an appeal that it holds arose from a non-final judgment, where the parties agreed to voluntarily dismiss all remaining claims without prejudice to appeal a contested issue of law. “Several cities in Minnesota allege thatContinue reading “Split Eighth Circuit Panel Holds That Voluntary Dismissal of Pending Claims Against Some Defendants Without Prejudice Did Not Create “Final Decision” or Appellate Jurisdiction Under 28 U.S.C. § 1291”

Fed. R. Civ. P. 41(a)(2) Cannot Be Used to Dismiss Individual Claims, Holds Eleventh Circuit

In Rosell v. VMSB, LLC, No. 22-11325 (11th Cir. May 12, 2023), The Eleventh Circuit “make[s] explicit what our precedent has implied for almost two decades: Federal Rule of Civil Procedure 41(a)(2) provides only for the dismissal of an entire action. Any attempt to use this rule to dismiss a single claim, or anything lessContinue reading “Fed. R. Civ. P. 41(a)(2) Cannot Be Used to Dismiss Individual Claims, Holds Eleventh Circuit”

Second Circuit Holds That Foreclosure Order That Defers Calculation of Judgment Is Not a Final Appealable Order

In RSS WFCM2018-C44 – NY LOD, LLC v. 1442 Lexington Operating DE LLC, No. 22-1 (2d Cir. Feb. 13, 2023), the Second Circuit holds in a matter of first impression for the circuit that a foreclosure order that also “refers the case to a magistrate judge to calculate the amount of the judgment of foreclosureContinue reading “Second Circuit Holds That Foreclosure Order That Defers Calculation of Judgment Is Not a Final Appealable Order”

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”

Sixth Circuit Divides Over Whether Voluntary Dismissal of Undecided Claims Under Fed. R. Civ. P. 41(a)(2), “With the Intention of Reinstating the Dismissed Claims,” Creates an Appealable Final Judgment

In Rowland v. Southern Health Partners, Inc., No. 20-5944 (6th Cir. July 21, 2021), the panel splits over the meaning of its prior case law, holding that a voluntary dismissal without prejudice under Rule 41(a)(2) of claims that might be refiled after a successful appeal does not present a final, appealable judgment under 28 U.S.C.Continue reading “Sixth Circuit Divides Over Whether Voluntary Dismissal of Undecided Claims Under Fed. R. Civ. P. 41(a)(2), “With the Intention of Reinstating the Dismissed Claims,” Creates an Appealable Final Judgment”

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”