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Appellate Jurisdiction

Proskauer - Law and the Workplace

New York Appellate Division Says No Private Action for Violations of Weekly Pay Law, Creating Split in Precedent

In a hotly anticipated decision, the Appellate Division, Second Department held on January 17, 2023 that no private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the Commissioner of...more

McDermott Will & Emery

Sorry—No Finality, No Injunction, No Appellate Jurisdiction

McDermott Will & Emery on

The US Court of Appeals for the Third Circuit dismissed an appeal from the denial of a motion under the Defend Trade Secrets Act (DTSA) for an ex parte seizure order, explaining that such orders are not final, not effectively...more

McDermott Will & Emery

Noncompulsory Counterclaims Don’t Confer Appellate Jurisdiction

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit determined that it does not have appellate jurisdiction to review noncompulsory patent counterclaims in a case otherwise unrelated to the originally asserted patents. Teradata...more

Goldberg Segalla

Congress Streamlined the Pipeline Construction by Limiting Court’s Jurisdiction

Goldberg Segalla on

On July 27, the U.S. Supreme Court issued a three sentence order that vacated the U.S. Court of Appeals for the Fourth Circuit’s orders staying the construction of the Mountain Valley Pipeline. The pipeline is being built...more

Woods Rogers Vandeventer Black

Interpanel Accord: An Important Concept for Civil Litigants in the New Court of Appeals of Virginia

The term “interpanel accord” has increased importance in Virginia civil state court practice after the General Assembly recently expanded the size and scope of the Court of Appeals of Virginia. More information about the...more

McDermott Will & Emery

Burdens Can’t Be Avoided No Matter How They’re Dressed Up

Addressing a multitude of issues, the US Court of Appeals for the Federal Circuit affirmed the district court’s ruling dismissing infringement of one patent and finding a trade dress invalid but reversed the invalidation of...more

Shutts & Bowen LLP

Two Significant Changes Coming to Florida Courts on January 1, 2023

Shutts & Bowen LLP on

What began in 2019 as part of a major overhaul of the Florida court system will come to a completion on January 1, 2023, with two significant changes coming to Florida courts...more

Fox Rothschild LLP

School Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)

Fox Rothschild LLP on

The legal aftershocks of the COVID-19 pandemic will be surfacing for years to come. But for those waiting for pendent-appellate jurisdiction and Rule 54(b) sightings, a recent Court of Appeal opinion combines appellate...more

Conyers

The Judicial Committee of the Privy Council: A Strong Selling Point for Bermuda, the British Virgin Islands and the Cayman Islands

Conyers on

The Judicial Committee of the Privy Council is the highest court of appeal for several Commonwealth jurisdictions and it will be sitting, physically, in the Cayman Islands in November 2022. This provides a timely reason to...more

McDermott Will & Emery

Fifth Circuit Affirms Dismissal of Walker Process Claim, Disagrees with Federal Circuit Transfer of Action

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The US Court of Appeals for the Fifth Circuit affirmed a summary judgment order dismissing a Walker Process monopolization action brought by Ronald Chandler and his oilfield service company Chandler Manufacturing...more

Morrison & Foerster LLP - Federal Circuitry

Jurisdictional Ping-Pong Averted

We’ve previously written about Chandler v. Phoenix Services, L.L.C., an interesting case on the Federal Circuit’s exclusive appellate jurisdiction in patent cases. Earlier this week, the Fifth Circuit issued a decision...more

Shutts & Bowen LLP

Everything You Need to Know About Florida’s New Sixth District Court of Appeal: Changing District Boundaries, Judicial...

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On June 2, 2022, Governor Ron DeSantis signed CS/HB 7027 creating Chapter 2022-163, Laws of Florida, paving the way for a Sixth District Court of Appeal. Governor DeSantis also approved a budget that includes funding for...more

McDermott Will & Emery

Time Bar Dismissal Saves Patent Found Unpatentable

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The US Court of Appeals for the Federal Circuit dismissed an appeal, finding it lacked appellate jurisdiction to review a Patent Trial & Appeal Board (Board) decision to vacate an institution decision of inter partes review...more

Woods Rogers Vandeventer Black

[Webinar] A Right of Appeal: Navigating the Court of Appeals of Virginia After Expansion in Size and Jurisdiction - June 7th,...

- Learn about the significant changes that will enable almost all litigants to have a right to appeal to the Court of Appeals of Virginia - Become aware of pitfalls at trial that could hurt your chances on appeal -...more

McDermott Will & Emery

Alleged Trademark Infringer Remains Hog-Tied after Appeal

The US Court of Appeals for the Tenth Circuit dismissed an appeal of a district court order denying a stay of a federal action for lack of jurisdiction under 28 U.S.C. § 1291 and reversed in part the district court’s grant of...more

Sands Anderson PC

Given the Expansion of the Virginia Court of Appeals, It Is Time to Re-think the Composition of Your Trial Team

Sands Anderson PC on

Virginia appellate jurisdiction experienced a seismic transformation beginning on January 1, 2022. As of this date, the jurisdiction of the Virginia Court of Appeals has drastically expanded to include an appeal of right for...more

Butler Snow LLP

A Texas Legislative Postmortem | Jerry Bullard | Texas Appellate Law Podcast

Butler Snow LLP on

This week, Todd Smith and Jody Sanders welcome back Jerry Bullard, an attorney at Adams, Lynch & Loftin, PC, for a rundown on new statutes from the Texas Legislature’s regular and special sessions that affect trial and...more

McDermott Will & Emery

Federal Circuit: Contractual Arbitration Agreements Don’t Bind PTAB Institution Decisions

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit issued an order declining to intervene in inter partes review (IPR) institution decisions by the Patent Trial & Appeal Board (PTAB) and further denied a writ of mandamus to stay...more

Mintz

Following First Circuit Panel's decision, does EPA even matter anymore?

Mintz on

The Conservation Law Foundation will continue its Clean Water Act and RCRA citizen suit against Exxon Mobil alleging violations of those federal laws at Exxon Mobil's Everett facility if a decision yesterday by a three judge...more

Morrison & Foerster LLP - Federal Circuitry

Return to Sender: When Courts of Appeals Disagree on Which One Has Jurisdiction

What happens when two courts of appeal each think the other has exclusive jurisdiction over an appeal? Confusion and inter-circuit criticism. The latest chapter in such a dispute between the Federal and Fifth Circuits on the...more

Downey Brand LLP

Ruling may give oil companies upper hand in climate change cases

Downey Brand LLP on

On May 17, the U.S. Supreme Court issued a 7-1 decision in BP P.L.C. v. Mayor and City Council of Baltimore, 2021 DJDAR 4717, that may give fossil fuel companies the upper hand in the slew of recent climate change cases filed...more

Bennett Jones LLP

Win for American Energy Companies Facing Climate Change Litigation

Bennett Jones LLP on

In a 7-1 ruling in BP PLC et al v Mayor and City Council of Baltimore (19-1189), the Supreme Court of the United States ruled that the Fourth Circuit Court of Appeals did not fully analyze whether a climate change tort...more

Cozen O'Connor

Supreme Court Sides With Energy Companies On Technical Grounds In Climate Liability Case

Cozen O'Connor on

The U.S. Supreme Court issued a 7-1 opinion in BP PLC v. Mayor and City Council of Baltimore, Case No. 19-1189, ruling that the Fourth Circuit erred in failing to consider all jurisdictional arguments from defendants BP and...more

Morgan Lewis

US Supreme Court Allows Oil and Gas Companies to Appeal Jurisdictional Issues in Baltimore Climate Suit

Morgan Lewis on

In a decision with important implications for climate change tort cases, the US Supreme Court held that federal courts of appeal can consider all potential grounds for federal jurisdiction in certain appeals of district court...more

Jones Day

U.S. Supreme Court Delivers Procedural Win to Corporate Defendants in Climate Change Litigation

Jones Day on

The U.S. Supreme Court held that the Fourth Circuit erred in its review of a remand order that would have kept Baltimore's climate change suit in state court. On May 17, 2021, in Mayor and City Council of Baltimore v. BP...more

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Updates to This Policy

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