In Silverthorne v. Sterling Seismic Services, Ltd., No. 24-20006 (5th Cir. Jan. 3, 2025), a Fifth Circuit panel divides over whether the court should have accepted a 28 U.S.C. § 1292(b) interlocutory appeal from a certified order about a jury instruction addressing damages. Section § 1292(b) allows a district court to certify an order forContinue reading “Split Fifth Circuit Panel Holds That Damages Order Should Not Have Been Certified for Interlocutory Appeal Under § 1292(b), Dismissing Case for Lack of Jurisdiction”
Tag Archives: Interlocutory Appeal
Fourth Circuit Holds Fed. R. App. P. 4(a)(4)(A) Applies to Interlocutory Appeals, Creating a Split with the Eleventh Circuit
In Gelin v. Baltimore Cnty., No. 23-1541 (4th Cir. Dec. 4, 2024), the Fourth Circuit holds an appeal before it “in abeyance” until the district court decides a pending Fed. R. Civ. P. 59 motion. The panel has occasion to decide that Fed. R. App. P. 4(a)(4)(A) – which provides that certain motions in theContinue reading “Fourth Circuit Holds Fed. R. App. P. 4(a)(4)(A) Applies to Interlocutory Appeals, Creating a Split with the Eleventh Circuit”
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”
Interlocutory Appeal Under 28 U.S.C. § 1292(b) Should Not Be Granted Where It Will “Not Accelerate [the] End” of Litigation, Holds Sixth Circuit
In In re Nicholas Paul Somberg, No. 22-0101 (6th Cir. Apr. 21, 2022), the Sixth Circuit in a published but unsigned order denied a certified appeal of denial of summary judgment under 28 U.S.C. § 1292(b). Despite that the district court certified the appeal and defendant did not oppose it, the panel holds that theContinue reading “Interlocutory Appeal Under 28 U.S.C. § 1292(b) Should Not Be Granted Where It Will “Not Accelerate [the] End” of Litigation, Holds Sixth Circuit”
Referral of Lawyer to Disciplinary Committee Is Not an Appealable Final Judgment, Holds D.C. Circuit
In Wisconsin Voters Alliance v. Harris, No. 21-5056 (D.C. Cir. Mar. 22, 2022), the D.C. Circuit holds that a district court judge’s decision to refer a lawyer to a bar disciplinary committee for misconduct was not a final judgment subject to appeal under 28 U.S.C. § 1291. “To call the underlying action in this caseContinue reading “Referral of Lawyer to Disciplinary Committee Is Not an Appealable Final Judgment, Holds D.C. Circuit”
Injunctive Order in State-Court Action Removed to Federal Court Not Immediately Appealable Under 28 U.S.C. § 1292(a)(1), Holds Sixth Circuit
In Schuler v. Adams, No. 21-1613 (6th Cir. Mar. 7, 2022), the Sixth Circuit faces the novel question of whether a preliminary injunction entered in a state-court action before it is removed to federal court can be immediately appealed under 28 U.S.C. § 1292(a)(1). The panel dismisses the appeal, holding that it has “jurisdiction onlyContinue reading “Injunctive Order in State-Court Action Removed to Federal Court Not Immediately Appealable Under 28 U.S.C. § 1292(a)(1), Holds Sixth Circuit”
Ninth Circuit Holds That Court of Appeals Could Not Extend Appellate Jurisdiction Under 28 U.S.C. § 1292(b) to Address Question of Law Not Presented in the “Four Corners of the Certified Order”
In ICTSI Oregon, Inc. v. Int’l Longshore and Warehouse Union, No. 20-35818 (9th Cir. Jan. 18, 2022), the Ninth Circuit declines to accept certification of an interlocutory appeal under 28 U.S.C. § 1292(b). It holds that one question in the certified order is really just a question of fact, while the other question – whileContinue reading “Ninth Circuit Holds That Court of Appeals Could Not Extend Appellate Jurisdiction Under 28 U.S.C. § 1292(b) to Address Question of Law Not Presented in the “Four Corners of the Certified Order””
No Interlocutory Appeal of Interim Fee Award Paid Directly by Defendant, Holds Ninth Circuit
In AdTrader Inc. v. Google LLC, No. 20-15542 (9th Cir. July 30, 2021), the Ninth Circuit holds that an interim award of fees in a class action that is paid by the defendant, rather than through a common fund, is not subject to an interlocutory appeal. Google LLC runs advertising platforms for digital ads, andContinue reading “No Interlocutory Appeal of Interim Fee Award Paid Directly by Defendant, Holds Ninth Circuit”
First Circuit Finds an “Exception to the Exception” of the Merger Rule to Review Interlocutory Order
In Commonwealth Sch. Inc. v. Commonwealth Acad. Holdings, No. 20-1112 (1st Cir. Apr. 14, 2021), the First Circuit holds that it has appellate jurisdiction over an interlocutory order denying enforcement of a settlement, in a case testing the length of an exception to the merger rule. The parties, two private schools, were locked in aContinue reading “First Circuit Finds an “Exception to the Exception” of the Merger Rule to Review Interlocutory Order”
Court Finding That Defendant Is Competent to Stand Trial Not Subject to Interlocutory Appeal, Holds Tenth Circuit
In United States v. Perea, No. 19-2160 (10th Cir. Oct. 20, 2020), the Tenth Circuit holds that a finding of competency to stand trial in a federal criminal trial is not a collateral order subject to interlocutory appeal. Defendant was indicted on nine counts of child pornography. The district court initially found him not competentContinue reading “Court Finding That Defendant Is Competent to Stand Trial Not Subject to Interlocutory Appeal, Holds Tenth Circuit”
Paul Mollica's Federal Courts Blog 