Background
Eric Emanuel Taylor filed a complaint in the United States District Court for the District of Columbia alleging, among other things, the government’s perpetration of tort. The district court dismissed the complaint on March ninth, two thousand and twenty-six. Mr. Taylor subsequently filed a petition for permission to appeal and requested a transfer to the Supreme Court of the United States.
The court’s reasoning
The court noted that Section twelve hundred and ninety-two of Title twenty-eight of the United States Code authorizes an appeal of an interlocutory order only after the district court has certified that the appeal presents a controlling question of law. The district court did not issue such a certification. However, the court found that the petition bore the hallmarks of a timely notice of appeal from a final, appealable decision. The court explained that its jurisdiction is generally limited to cases arising under patent laws, civil actions on review from the United States Patent and Trademark Office, or damages claims against the United States not exceeding ten thousand dollars.
What it means going forward
The petition for permission to appeal was denied, but the case was transferred to the Federal Circuit’s normal appeals docket as a notice of appeal. The proceedings are stayed pending a determination of jurisdiction.
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