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”
Tag Archives: Final Judgment
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”
En Banc Fourth Circuit Clarifies That Order of Dismissal Without Prejudice but No Leave to Amend Is Appealable “Final Order” Under 28 U.S.C. § 1291
In Britt v. DeJoy, No. 20-1620 (4th Cir. Aug. 17, 2022), the unanimous en banc Fourth Circuit abandons a case-by-case approach to finality under 28 U.S.C. § 1291 and adopts a bright-line rule that “[w]hen a district court dismisses a complaint or all claims without granting leave to amend, its order is final and appealable.”Continue reading “En Banc Fourth Circuit Clarifies That Order of Dismissal Without Prejudice but No Leave to Amend Is Appealable “Final Order” Under 28 U.S.C. § 1291”
Unquantified Nominal Damage Award Rendered Judgment Non-Final, Holds Eighth Circuit
In Perficient, Inc. v. Munley, No. 21-2121 (8th Cir. Aug. 9, 2022), the Eighth Circuit was compelled to dismiss an appeal of a summary judgment decision for the plaintiff because the judge left the nominal damage award unfinished. “Perficient moved for summary judgment against its former employee Munley and Munley’s new employer Spaulding Ridge inContinue reading “Unquantified Nominal Damage Award Rendered Judgment Non-Final, Holds Eighth Circuit”
Oral Bench Ruling Was Final Decision That Triggered Running of Time to Appeal, Holds Fifth Circuit
In Ueckert v. Guerra, No. 22-40263 (5th Cir. June 27, 2022), the Fifth Circuit dismissed as untimely an appeal filed 412 days after a verbal bench order was entered on the docket. “There is at least one exception to the maxim ‘no news is good news.’ When a lawyer has an outstanding motion but hasn’tContinue reading “Oral Bench Ruling Was Final Decision That Triggered Running of Time to Appeal, Holds Fifth Circuit”
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”
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