The Eleventh Circuit, in CMYK Enterprises, Inc. v. Advanced Print Technologies, LLC, No. 24-13766 (11th Cir. Sept. 12, 2025), rejects a common tactic used by parties to speed-up the appeal of a partial dispositive order, i.e., voluntarily dismissing the remaining claims under Fed. R. Civ. P. 41(a). The panel holds that, by its plain terms,Continue reading “Eleventh Circuit Closes Off Resort to Fed. R. Civ. P. 41(a) to Dismiss Remaining Claims as an Expedient to Appeal Contested Claims Dismissed Under Fed. R. Civ. P. 54(b)”
Tag Archives: Final Judgment
Eleventh Circuit Holds That Fed. R. Civ. P. 21 and 41(a) Permits the Dismissal of a Single Plaintiff in a Multiple-Plaintiff Case, Provided That All of Their Claims Are Dismissed
The Eleventh Circuit in Weinstein v. 440 Corp., No. 23-13807 (11th Cir, July 25, 2025), holds that there is a final judgment when an individual plaintiff in a multi-plaintiff case voluntarily dismisses all of their claims against all defendants in a case under Fed. R. Civ. P. 21 or 41(a). Rule 41(a) allows a plaintiffContinue reading “Eleventh Circuit Holds That Fed. R. Civ. P. 21 and 41(a) Permits the Dismissal of a Single Plaintiff in a Multiple-Plaintiff Case, Provided That All of Their Claims Are Dismissed”
Second Circuit Adds to Split About Whether There is Appellate Jurisdiction Over Qualified Immunity Orders That Are Not Decided on the Merits
In Maye v. City of New Haven, No. 23-459 (2d Cir. Dec. 26, 2023), The Second Circuit joins the Fifth Circuit in holding that there is no appellate jurisdiction over the denial of summary judgment on a qualified immunity defense that is denied for reasons extrinsic to the merits. The First and Eleventh Circuits haveContinue reading “Second Circuit Adds to Split About Whether There is Appellate Jurisdiction Over Qualified Immunity Orders That Are Not Decided on the Merits”
After the Parties Settle All Claims, An Appeal From the Final Judgment Is Moot, Holds Eighth Circuit
In Folta v. Norfork Brewing Co., No. 22-3518 (8th Cir. Dec. 22, 2023), the Eighth Circuit dismisses an appeal from a case where all the claims settled, despite the defendant’s argument that it reserved the right to appeal in the settlement. “Norfork operates a small brewery in Arkansas. Folta was employed there from approximately MayContinue reading “After the Parties Settle All Claims, An Appeal From the Final Judgment Is Moot, Holds Eighth Circuit”
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”
Sixth Circuit Disapproves of “Administrative Closure” of Case by District Court As “Irreconcilable With the Requirements Set Forth in the [Federal] Rules” for Closing Cases
In Rodriguez v. Hirshberg Acceptance Corp., No. 20-2184 (6th Cir. Mar. 14, 2023), the Sixth Circuit – while recognizing the district court’s “tremendous freedom in managing their caseload” – holds that a common procedural method of tabling inactive litigation, the “administrative closure,” has no foundation in the Federal Rules of Civil Procedure and recommends aContinue reading “Sixth Circuit Disapproves of “Administrative Closure” of Case by District Court As “Irreconcilable With the Requirements Set Forth in the [Federal] Rules” for Closing Cases”
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”
Eleventh Circuit Splits with Second and Holds That Contempt Order Without Sanctions Is Not An Appealable Final Order
Declaring a split with the Second Circuit, the Eleventh Circuit in In re Grand Jury Subpoena, FGJ-21-01-MIA, No. 21-13651 (11th Cir Jan. 31, 2023) holds that when a district court holds a party in civil contempt for failing to comply with a subpoena but enters no sanctions, the order is not an appealable final order.Continue reading “Eleventh Circuit Splits with Second and Holds That Contempt Order Without Sanctions Is Not An Appealable Final Order”
Plaintiffs Waited Too Long to Appeal Post-Judgment Formula for Calculating Interest, Holds Second Circuit
In Amara v. Cigna Corp., No. 20-202 (2d Cir. Nov. 10, 2022), reviewing post-judgment orders in a long-running class action under the Employee Retirement Income Security Act (ERISA), the Second Circuit holds that it has no jurisdiction over the plaintiff-class’s challenge to the district court’s orders setting the formula for calculating interest because the noticeContinue reading “Plaintiffs Waited Too Long to Appeal Post-Judgment Formula for Calculating Interest, Holds Second Circuit”
Seventh Circuit Holds That Denial of Motion to Quash Administrative Warrant Is Not a Final Order for Immediate Appeal Under 28 U.S.C. § 1291
In Anthony Marano Co. v. Walsh, No. 21-2661 (7th Cir. Oct. 18, 2022), presenting an issue of first impression for the circuit, the Seventh Circuit holds that there is no appellate jurisdiction to review the legal sufficiency of an administrative warrant prior to its execution under 28 U.S.C. § 1291. “Anthony Marano Company (‘AMC’ orContinue reading “Seventh Circuit Holds That Denial of Motion to Quash Administrative Warrant Is Not a Final Order for Immediate Appeal Under 28 U.S.C. § 1291”
Paul Mollica's Federal Courts Blog 