In Deering v. Lockheed Martin Corp., No. 23-2853 (8th Cir. Sept. 17, 2024), the Eighth Circuit dismisses in part an appeal of sanctions against an employment-discrimination plaintiff because she filed the notice of appeal before the judge below calculated the attorney’s fees, then failed to amend the notice to appeal the fee award. According toContinue reading “Attorney’s Fee Award Only Became Final When the District Court “Quantifi[ed]” It, Leading to Partial Dismissal of Appeal by Eighth Circuit”
Tag Archives: Notice of Appeal
Second Circuit Holds That Late Filing Under Fed. R. App. P. 4(a)(4)(A) Is Not Subject to Equitable Exceptions, Overruling Prior Circuit Authority
In Malek v. Feigenbaum, No. 23-992 (2d Cir. Sept. 11, 2024), the Second Circuit dismisses an appeal filed belatedly under Fed. R. App. P. 4(a)(4)(A), and further holds under the intervening authority of Nutraceutical Corp. v. Lambert, 586 U.S. 188 (2019), negates prior circuit authority that might have recognized equitable exceptions to the 30-day deadline.Continue reading “Second Circuit Holds That Late Filing Under Fed. R. App. P. 4(a)(4)(A) Is Not Subject to Equitable Exceptions, Overruling Prior Circuit Authority”
Alleged Shoving Match Between Counsel at a Deposition Leads to Sanctions and an Appeal to the Seventh Circuit
In Vega v. Chicago Bd. of Ed., No. 23-1183 (7th Cir. July 29, 2024), the Seventh Circuit affirms in part and reverses in part sanctions awarded by the district court under 28 U.S.C. § 1927 and the court’s inherent authority after an acrimonious deposition that allegedly led to a physical confrontation. “On July 13, 2017,Continue reading “Alleged Shoving Match Between Counsel at a Deposition Leads to Sanctions and an Appeal to the Seventh Circuit”
Fourth Circuit Holds That “General Merger Rule” of Newly Amended Fed. R. App. P. 3(c)(4) Means That Notice of Appeal of Summary Judgment Confers Appellate Jurisdiction Over an Interlocutory Order Denying Appointment of Counsel
In Jenkins v. Woodard, No. 22-6197 (4th Cir. July 22, 2024), the Fourth Circuit confronts an issue arising under 2021 amendment to Fed. R. App. P. 3: how to apply the new “general merger rule” to a federal notice of appeal that names just the summary judgment order. The amendment of Rule 3 was meantContinue reading “Fourth Circuit Holds That “General Merger Rule” of Newly Amended Fed. R. App. P. 3(c)(4) Means That Notice of Appeal of Summary Judgment Confers Appellate Jurisdiction Over an Interlocutory Order Denying Appointment of Counsel”
“Law of the Case” Does Not Apply to Subject-Matter Jurisdiction Ruling by Motion Panel, Holds Split Eighth Circuit Panel
In Nordgren v. Hennepin Cnty., No. 22-1902 (8th Cir. Mar. 21, 2024), a 2-1 Eighth Circuit panel holds that a merits panel may reconsider the timeliness of an appeal even after a motion panel has already denied a motion to dismiss on the same ground, notwithstanding the “law of the case” doctrine. In a §Continue reading ““Law of the Case” Does Not Apply to Subject-Matter Jurisdiction Ruling by Motion Panel, Holds Split Eighth Circuit Panel”
Fifth Circuit Lacks Appellate Jurisdiction Over Appeal of $125,000 Attorneys’ Fee Sanction Because the Notice of Appeal Failed to Name the Lawyer Who Was Taking the Appeal
The biggest USA pop record of 2012, “Thrift Shop” by hip hop duo Macklemore & Ryan Lewis, spawned litigation for copyright infringement by New Orleans-based musician Paul Batiste. In Batiste v. Lewis, No. 19-30400 (5th Cir. Sept. 22, 2020), the panel affirms summary judgment in favor of defendants. Adding insult to injury, the panel holdsContinue reading “Fifth Circuit Lacks Appellate Jurisdiction Over Appeal of $125,000 Attorneys’ Fee Sanction Because the Notice of Appeal Failed to Name the Lawyer Who Was Taking the Appeal”
Fifth Circuit Eats Crow As It Withdraws Entire Decision on the Merits, Finding That the Notices of Appeal Were Filed Too Late
In Edwards v. 4JLJ, LLC, No. 19-40553 (5th Cir. Sept. 21, 2020), a panel of the Fifth Circuit reconsiders an appeal from a Fair Labor Standards Act trial and concludes that the merits decision must be almost-entirely withdrawn, owing to the cross-notices of appeal being filed too late. In the prior opinion, Edwards v. 4JLJ,Continue reading “Fifth Circuit Eats Crow As It Withdraws Entire Decision on the Merits, Finding That the Notices of Appeal Were Filed Too Late”
“Improperly Filed” Post-Judgment Motion by Non-Lawyer Did Not Toll Filing Deadline for Appeal, Tenth Circuit Holds
In Bunn v. Perdue, No. 19-2138 (10th Cir. July 28, 2020), the court holds that the automatic tolling for the filing of an appeal under Fed. R. App. P. 4(a)(4)(A) does not apply when a post-judgment motion is “improperly filed” by someone other than counsel of record. Plaintiff, who was represented by counsel, lost hisContinue reading ““Improperly Filed” Post-Judgment Motion by Non-Lawyer Did Not Toll Filing Deadline for Appeal, Tenth Circuit Holds”
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