Background
Data Axle, Inc. sued CFM Data Network, LLC and its owner Andrew Nolting for violations of the Copyright Act and the Computer Fraud and Abuse Act. The district court entered a default judgment against the company and ordered it to pay damages and destroy copies of proprietary data. Although the company no longer existed, the court held Nolting personally liable for civil contempt for failing to comply with the judgment. Nolting appealed immediately, arguing the contempt order was a final decision.
The court’s reasoning
The court concluded that the contempt order was not a final decision under twenty-eight U.S.C. Section twelve ninety-one because the litigation on the merits against Nolting was still pending. The court further found that the order did not meet the requirements of the collateral order doctrine. Specifically, the order did not conclusively determine the disputed question as it could be revised under Federal Rule of Civil Procedure fifty-four. Additionally, the court determined that the potential economic loss from the daily fine was not irreparable harm because the funds could be recovered if Nolting ultimately prevailed.
We conclude that he cannot and dismiss for lack of appellate jurisdiction.
Data Axle, Inc. v. Andrew Nolting, No. 25-2068 (8th Cir. June 1, 2026)
What it means going forward
Parties facing civil contempt orders in pending litigation must wait for a final judgment before appealing, rather than seeking immediate review of the contempt ruling itself.