Tag Archives: Stay

Fourth Circuit Panel Holds 2-1 That Defendants Won the Race to the Courthouse Under 28 U.S.C. § 1447, Filing a Notice of Appeal That Stayed the District Court’s Authority to Remand a Removed Case Back to State Court

In City of Martinsville, Va. v. Express Scripts, Inc., No. 24-1912 (4th Cir. Feb. 10, 2025), a 2-1 panel holds that because the defendant filed its appeal before the district court physically mailed a remand order to state court under 28 U.S.C. § 1447, the order had no legal effect. The panel judges differ overContinue reading “Fourth Circuit Panel Holds 2-1 That Defendants Won the Race to the Courthouse Under 28 U.S.C. § 1447, Filing a Notice of Appeal That Stayed the District Court’s Authority to Remand a Removed Case Back to State Court”

Fifth Circuit Scales Back Nationwide Injunction of Federal Vaccine Mandate to Just the Fourteen States that Were Named Plaintiffs

In State of Louisiana v. Becerra, No. 21-30734 (5th Cir. Dec. 15, 2021) (per curiam), the Fifth Circuit denies the federal government’s motion to stay a district court’s preliminary injunction barring enforcement of a COVID-19 vaccination mandate for medical providers receiving Medicare or Medicaid funds. But it scales it back from a fifty-state injunction toContinue reading “Fifth Circuit Scales Back Nationwide Injunction of Federal Vaccine Mandate to Just the Fourteen States that Were Named Plaintiffs”

Sixth Circuit Judges Spar Over Whether En Banc Court Could Decide Stay Pending Appeal in Abortion Waiting-Period Case

In Bristol Regional Women’s Center, PC v. Slatery, No. 20-6267 (6th Cir. Feb. 19, 2021), the panel denies a motion to stay pending appeal of an injunction of a Tennessee statute that imposes a waiting period on abortions in the state. The majority and dissenting opinions clash not only over the merits, but (for purposesContinue reading “Sixth Circuit Judges Spar Over Whether En Banc Court Could Decide Stay Pending Appeal in Abortion Waiting-Period Case”

Seventh Circuit Issues Writ of Mandamus to Vacate District Court’s Grant of Stay Pending Certiorari

In In re A.F. Moore & Associates, Inc., No. 20-2497 (7th Cir. Sept. 10, 2020) (per curiam), the Seventh Circuit granted a petition for writ of mandamus to vacate a stay pending certiorari that was granted by the district court after the court of appeals had already denied it. “In January, we reversed the dismissalContinue reading “Seventh Circuit Issues Writ of Mandamus to Vacate District Court’s Grant of Stay Pending Certiorari”