Case Explained: Tomas Rey; Melisa Rey; Robert K. Denny; Victoria Emmerling; Nicole Williamson Plaintiffs— v. LCMC Health Care Partners, L.L.C.; Louisiana Children’s Medical Center; Children’s Hospital; LCMC Health Holdings, Incorporated Defendants—

Court: United States Court of Appeals for the Fifth Circuit

Filed: 2026-07-09

The Fifth Circuit dismissed the appeal for lack of appellate jurisdiction because the plaintiffs failed to satisfy the requirements for an interlocutory appeal under 28 U.S.C. § 1292(a)(1). The court held that while the district court’s partial summary judgment order had the practical effect of refusing a permanent injunction by ruling that federal aviation regulations preempted such relief, immediate appellate review is only available for non-final orders denying injunctive relief if the appellant demonstrates that the order might cause “serious, perhaps irreparable” consequences and that the issue can be “effectually challenged only by immediate appeal.” Applying the standard set forth in *Carson v. Am. Brands, Inc.*, the court found that plaintiffs did not attempt to argue they met these factors. Furthermore, the court noted that plaintiffs’ failure to seek a preliminary injunction or expedited trial undermined any claim of irreparable harm from waiting for final judgment. As a result, the appeal is dismissed, and the case remains pending in the district court for further proceedings on the remaining claims.

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