Tag Archives: First Circuit

No Vacatur of the District Court’s Costs Order on Appeal Just Because the Parties Jointly Request It, First Circuit Holds

In Villeneuve v. Avon Prod., Inc., No. 20-1121 (1st Cir. Oct. 7, 2020) (per curiam), despite that the parties  settled on appeal and jointly request vacatur of an order below, the First Circuit holds that they should seek this request in the district court under Fed. R. Civ. P. 60(b)(5). In a prior decision, aContinue reading “No Vacatur of the District Court’s Costs Order on Appeal Just Because the Parties Jointly Request It, First Circuit Holds”

First Circuit Holds That Declaratory Judgment Is Not Final and Appealable Until A Declaration of Rights Is Entered

In WM Capital Partners 53, LLC v. Barreras, Inc., No. 19-1364 (1st Cir. Sept. 22, 2020), the First Circuit dismisses the appeal of a declaratory judgment where summary judgment was granted, but the district court had not yet entered a declaration. “Plaintiff-appellee WM Capital Partners 53, LLC (‘WM Capital’) filed this diversity action seeking aContinue reading “First Circuit Holds That Declaratory Judgment Is Not Final and Appealable Until A Declaration of Rights Is Entered”

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”