Topic
Every decision we've filed under Other Civil.
The Eleventh Circuit dismissed an appeal sua sponte because the district court's partial dismissal order was not a final decision. The court held that claims against remaining defendants were still pending, preventing immediate appellate review.
The Eleventh Circuit dismissed an appeal sua sponte because the district court's order denying a motion to stay pending recusal was not a final judgment. The court held that the order was not immediately appealable under the injunction statute or the collateral order doctrine.
The United States Court of Appeals for the Tenth Circuit dismissed an appeal filed by Ronald Satish Emrit against various media figures and organizations. The dismissal was issued due to a lack of prosecution by the appellant.
The D.C. Circuit affirmed the district court's denial of a petition for a writ of mandamus, ruling that an agency's decision to initiate an investigation is discretionary and generally not subject to judicial review. The court also denied the appellant's motion to appoint counsel, finding he failed to demonstrate a likelihood of success on the merits.
The Eleventh Circuit dismissed an appeal sua sponte because the district court's orders were not final judgments. The court held that the orders granting an extension of time and denying a motion to disqualify counsel were not immediately appealable under the collateral order doctrine.
The Ninth Circuit affirmed the dismissal of a Federal Tort Claims Act lawsuit, ruling that a plaintiff's acceptance of a settlement check for property damage constituted a complete release of all claims arising from the same accident. The court held that the government's waiver of sovereign immunity did not apply because the plaintiff had already barred the personal injury claim by accepting the settlement terms.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal filed by Derritt Swearington against the Federal Trade Commission. The court ruled that it lacked jurisdiction because the district court order denying a motion for default judgment was not a final or appealable interlocutory order.
The United States Court of Appeals for the Eighth Circuit has issued an opinion in the case of General Star Indemnity Company versus ASI, Inc. Judgment has been entered in accordance with the court's opinion.
The Fourth Circuit dismissed an appeal challenging a district court's venue transfer order because the order was not a final, appealable judgment. The court also ruled that the appellant's notice of appeal was filed one day late, failing to meet the mandatory 60-day deadline for cases involving government parties.
The United States Court of Appeals for the Fourth Circuit affirmed a district court dismissal of a Federal Tort Claims Act action. The appellate court declined to consider claims regarding failure to treat and state medical liability statutes because the appellant failed to preserve them for appeal.