Topic
Every decision we've filed under Appellate Jurisdiction.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal from a district court order abstaining under the Bankruptcy Code. The court held that federal appellate courts lack jurisdiction to review a district court's decision to abstain and remand a case to state court.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by Timothy Barton for lack of jurisdiction. The court also directed Barton to show cause why sanctions should not be imposed for filing a frivolous appeal.
The Tenth Circuit affirmed a district court's grant of summary judgment upholding IRS tax penalties against an attorney. The court held that the district court lacked authority to amend the judgment after the appeal was filed, rendering the amended judgment a nullity.
The United States Court of Appeals for the Eleventh Circuit dismissed the appeal regarding the district court's October judgment because the notice of appeal was filed after the statutory deadline. The court will carry with the case the separate jurisdictional question concerning the timeliness of the appeal from a subsequent letter order.
The Eighth Circuit dismissed an appeal filed by Andrew Nolting challenging a civil contempt order. The court held that the order was not a final decision and did not qualify for immediate review under the collateral order doctrine.
The Eleventh Circuit reversed a district court judgment that reduced a sex discrimination damages award based on a waived affirmative defense. The court held that the employer failed to plead the employee headcount cap, entitling the plaintiff to the combined statutory maximums under federal and state law.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal filed by a defendant seeking to challenge a district court order rescheduling his sentencing hearing. The court held that the order was neither a final judgment nor an appealable interlocutory order under federal law.
The United States Court of Appeals for the Ninth Circuit dismissed an appeal challenging the denial of a temporary restraining order. The panel held that the denial did not meet the jurisdictional requirements for interlocutory review.
The Eleventh Circuit dismissed an insurer's appeal challenging a district court order regarding its duty to defend. The appellate court held that the lower court's ruling did not constitute an injunction and was not a final judgment, leaving the appeal without jurisdiction.
The United States Court of Appeals for the Tenth Circuit dismissed an appeal filed by a plaintiff challenging a health benefits denial. The court held that the district court's order remanding the determination of benefits to the plan administrator was not a final judgment subject to appellate review.