Tag Archives: Practical Finality

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”

Instructional Order to Court-Appointed Trustee in Post-Judgment Proceedings Not an Appealable Order, Holds Eleventh Circuit

In Acheron Capital, Ltd. v. Mukamal, No. 21-13052 (11 th Cir. Jan. 6, 2022), a panel of the Eleventh Circuit holds that an order authorizing a court-appointed trustee’s auctioning off of life-insurance policies was neither a “final decision” subject to appellate review, nor did it fall into any of the exceptions that permitted interlocutory reviewContinue reading “Instructional Order to Court-Appointed Trustee in Post-Judgment Proceedings Not an Appealable Order, Holds Eleventh Circuit”

Tenth Circuit Finds No “Practical Finality” Exception to Administrative Remand Rule in IDEA Case

In C.W. v. Denver Cnty. Sch. Dict., No. 19-1407 (10th Cir. Apr. 20, 2021), the panel dismisses an Individuals with Disabilities Education Act appeal under the “administrative remand” rule and remands with directions to stay the action pending the administrative hearing. “Through his parents, C.W. sought and received a due process hearing with a stateContinue reading “Tenth Circuit Finds No “Practical Finality” Exception to Administrative Remand Rule in IDEA Case”