News & Analysis as of

Interlocutory Appeals Appeals

Smith Debnam Narron Drake Saintsing & Myers,...

NC Court Of Appeals Adds Lien Claims to List Of Substantial Rights That Are Immediately Appealable

In most cases, a party to a lawsuit unhappy with a ruling cannot appeal that decision until the lawsuit is completely done. The general rule is that only “final orders” can be appealed – meaning there is nothing the trial...more

Robinson Bradshaw

When a Rule 23(f) Appeal Becomes Something More: Fourth Circuit Exercises Pendent Appellate Jurisdiction Over Ruling on the Merits

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Federal Rule of Civil Procedure 23(f) gives the court of appeals discretion to review a narrow class of interlocutory orders: those granting or denying class certification. But it is sometimes possible for other orders to...more

Pierce Atwood LLP

Procedure, Not Politics

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Amid the intense coverage of the Colorado ballot exclusion case that was the subject of oral argument before the Supreme Court earlier this month, the Law Court’s decision in Trump v. Secretary of State on a parallel appeal...more

Fenwick & West LLP

Ninth Circuit to Rehear Appealability of Denied Anti-SLAPP Motions

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The Ninth Circuit has granted a rehearing en banc in Martinez v. ZoomInfo Tech., Inc. concerning the appealability of denial of anti-SLAPP motions under the collateral order doctrine. Historically, the Ninth Circuit has...more

Seward & Kissel LLP

Employment Litigation Roundup: December 2023

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Delaware court declines to enforce restrictive covenants in LLC agreement but grants interlocutory appeal. In Sunder Energy v. Jackson, et al., a company, Sunder, sued a former employee, Jackson, for breaching a...more

Carlton Fields

SCOTUS Removes Burden Handicapping Appeals Seeking Arbitration

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The U.S. Supreme Court’s June 2023 decision in Coinbase Inc. v. Bielski requires that district court litigation in any matter remain in the starting gate while any appeal from a denial of a motion to compel arbitration in...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: The Public Interest Exemption to California’s Anti-SLAPP Law

This week, the Ninth Circuit affirms the district court’s denial of a special motion to strike under California’s anti-SLAPP statute, with two of the judges on the panel questioning the Court’s precedent holding that such...more

Morrison & Foerster LLP

Coinbase v. Bielski – SCOTUS Authorizes Automatic Stays Pending Decision of Arbitrability

In a recent 5-4 decision reversing the Ninth Circuit and settling a circuit split, the Supreme Court of the United States in Coinbase v. Bielski held that a district court must stay its proceedings while an interlocutory...more

Dechert LLP

Are Lockbox Lenders Subject to Implied Duties?

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Recently, in In re Moon Group Inc., a bankruptcy court said no, but the district court, which has agreed to review the decision on an interlocutory appeal, seems far less sure. The bankruptcy court held that a lockbox...more

Pierce Atwood LLP

Appellate Preservation and Summary Judgment

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The necessity of preserving issues for appeal can be a trap for the unwary, leaving litigants without recourse if they fail to take proper steps to preserve a particular argument.  Near the end of its recent term, the Supreme...more

ArentFox Schiff

Emphasizing Efficiency, Supreme Court Requires District Courts To Stay Proceedings During Interlocutory Appeal on Arbitrability

ArentFox Schiff on

In a 5-4 decision, the US Supreme Court sided with defendants seeking to compel arbitration of claims filed against them in federal court. Announcing a new rule, the Court in Coinbase v. Bielski held that when a district...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

In Big Win for Employers, U.S. Supreme Court Rules Court Proceedings Must Be Stayed During Appeal Over Arbitration

On June 23, 2023, the Supreme Court of the United States held district court proceedings must be put on hold during an appeal on the question of whether claims are subject to arbitration. The ruling is a big win for...more

Cranfill Sumner LLP

Certiorari Crossroads: Navigating Appeals and Dissents in Cryan v. National Council of YMCAs

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In Cryan v. National Cryan v. National Council of YMCAs of the U.S., the North Carolina Supreme Court gave a refresher on certiorari review and appeals from a dissent....more

BakerHostetler

Coinbase Inc. v. Bielski - Supreme Court Holds Oral Argument on the Issue of Whether an Interlocutory Appeal of the Denial of a...

BakerHostetler on

The Coinbase case involves a joint petition for writ of certiorari that could have a major impact on motions to compel arbitration under the Federal Arbitration Act (FAA). Coinbase, Inc. v. Bielski, Case No. 22-105 (oral...more

McDermott Will & Emery

More Delays: Appeal Dismissed under Collateral Order Doctrine

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The US Court of Appeals for the Federal Circuit dismissed a patent holder’s interlocutory appeal for lack of jurisdiction under the collateral order doctrine. Modern Font Applications LLC v. Alaska Airlines, Inc., Case No....more

Jackson Lewis P.C.

U.S. Supreme Court to Decide Whether Appeal of Denial of Motion to Compel Arbitration Stays Litigation

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The U.S. Supreme Court will decide whether the appeal of a denial of a motion to compel arbitration mandates that the district court stay litigation pending appeal or permits the district court to decide on a case-by-case...more

Morrison & Foerster LLP

Supreme Court To Settle Longstanding Split Over Stays Pending Arbitration Appeals

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The Supreme Court just agreed to review an important question at the intersection of arbitration law and appellate practice. Its ultimate decision in the case could provide a major boost to defendants seeking to enforce...more

Bennett Jones LLP

Double Vision: Alberta Court of Appeal Confirms Double Costs Follow Formal Offer in Interlocutory Appeal

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​​​​​​​Awarding double costs on appeals following a formal offer to settle encourages parties to resolve claims quickly among themselves and at the least expense, the Alberta Court of Appeal recently confirmed in Mostafa...more

Jenner & Block

Privilege Newsletter: United States Supreme Court to Review the Scope of the Attorney-Client Privilege

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On October 3, 2022, the U.S. Supreme Court granted review in a federal grand jury proceeding that may result in the Court expanding the scope of the attorney-client privilege for dual-purpose business communications....more

Woods Rogers

Civil Interlocutory Appeals In Virginia

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While most appeals do not occur until after a final order is issued by the circuit court, there are instances when an issue is so pressing that an appellate court will resolve it before the case proceeds to final judgment in...more

McDermott Will & Emery

There Should Be No Secret about Scope of Trade Secret Injunction

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In the context of an interlocutory appeal, the US Court of Appeals for the Federal Circuit vacated a portion of a preliminary injunction in a case involving alleged misappropriation of trade secrets for failing to provide...more

Mintz - Intellectual Property Viewpoints

Judge Alsup Certifies Two Hot Button Issues on Standard for Pleading Willful Infringement for Interlocutory Appeal to the CAFC

On March 16, 2022, U.S. District Judge William Alsup of the Northern District of California certified two of the hot button issues splitting district courts on the standard for pleading willful infringement (see order),...more

Carlton Fields

Florida Supreme Court Authorizes Interlocutory Appeals From Orders Allowing or Disallowing Punitive Damages Claims

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On January 6, 2022, the Florida Supreme Court adopted a new rule that authorizes appeals from interlocutory orders that allow or disallow an amendment to add a claim for punitive damages. Prior to this amendment, there...more

Fuerst Ittleman David & Joseph

Florida Appellate Practice Update: Florida Supreme Court amends 9.130 to provide for interlocutory appeals of orders granting or...

On January 6, 2022, the Florida Supreme Court started the new year off with a bang, to wit: the Court amended Florida Rule of Appellate Procedure 9.130 to allow for appeals of nonfinal orders granting or denying motions to...more

Latham & Watkins LLP

Ninth Circuit’s Slack Decision Forges New Ground for Securities Act Liability Related to Direct Listings

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The decision appears to create a new rule for determining standing to bring Securities Act claims in the context of direct listings. The Slack Direct Listing Decision - On September 20, 2021, the US Court of Appeals...more

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