Topic
Every decision we've filed under Appellate Jurisdiction.
The United States Court of Appeals for the Eleventh Circuit dismissed an appeal sua sponte due to a lack of jurisdiction. The court held that remand orders based on a lack of subject matter jurisdiction are not reviewable on appeal under federal statute.
The D.C. Circuit dismissed Indiana's appeal of a district court order remanding a Medicaid dispute to HHS because the remand order was not a final decision under 28 U.S.C. § 1291. The court held that the order left the core dispute unresolved for further agency proceedings, and no exceptions to the finality rule applied.
The United States Court of Appeals for the Tenth Circuit dismissed an appeal filed by Michael Villecco as procedurally improper. The court held that the matter was not a separately appealable order and should have been raised in the underlying appeal.
The United States Court of Appeals for the Eleventh Circuit dismissed an appeal challenging a district court order denying a motion to dismiss an indictment. The court held that the order was not final because the defendant had not yet been convicted or sentenced.
The Supreme Court held that a pretrial order denying Yearsley protection is not immediately appealable because the doctrine provides a merits defense rather than an immunity from suit. Consequently, the denial fails the third prong of the collateral-order doctrine, as the issue remains effectively reviewable after a final judgment.
The D.C. Circuit dismissed the appeal for lack of subject-matter jurisdiction because the District Court's order remanding the case to the agency was not a final decision. The court affirmed that the District Court correctly identified the core dispute regarding BLM's authority to conduct multiple gathers over a decade without new determinations, but held that the agency must first complete the required remedial steps on remand.
The Seventh Circuit affirmed a district court ruling that a federal judgment creditor's secured interest in a debtor's assets takes priority over a state judgment creditor's claim, even after the state creditor obtained a retroactive correction to fix a misnomer in his judgment. The court held that the federal district court had appellate jurisdiction over the final turnover order and that the Rooker-Feldman doctrine did not bar the federal court from adjudicating the priority dispute between the competing creditors.
The United States Court of Appeals for the First Circuit issued an errata sheet to correct the caption and clarify the representation of the government in a criminal appeal. The amendment clarifies that the U.S. Attorney's Office for the District of Puerto Rico litigated the case while an attorney from the Criminal Division of the Department of Justice presented the appeal.
The Eleventh Circuit dismissed an interlocutory appeal challenging a district court's denial of a motion to compel arbitration under a collective bargaining agreement. The court held that such orders are not immediately appealable under the collateral-order doctrine because arbitration denials can be effectively reviewed after a final judgment.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal regarding prison conditions at the Louisiana State Penitentiary. The court held that the district court had not entered a final decision or an appealable injunction.