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
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
In a prior alert, we discussed Senior U.S. District Judge Stanley R. Chesler’s decision to deny defendant LG Electronics’s (“LG”) motion to stay a retrial on damages in a patent infringement case involving plug-and-play...more
In a recent blog post, I explored the application of the final judgment rule to appeals from preliminary injunction orders in state court. As I noted, the Law Court has recently applied the “death knell” exception to that...more
Sider v. Hertz Global Holdings Inc., C.A. No. 2019-0237-KJSM (Del. Ch. Jun 17, 2019). Prior to this ruling, no Delaware opinion had addressed the question of whether decisions granting entitlement to advancement rights are...more
The plaintiff filed a putative class action for alleged violations of California employment law, and the defendant moved to compel arbitration....more
In a victory for class action defendants, the United States Supreme Court's decision in Microsoft Corp. v. Baker puts an end to plaintiffs' manufactured appeals as of right from denials of class certification. The Court's...more
On June 12, 2017, the Supreme Court issued its decision in Microsoft Corp. v. Baker. Baker resolves a Circuit split concerning whether a plaintiff, after losing a class certification battle, can effectively manufacture...more
The Supreme Court, in an opinion written by Justice Ginsburg, has held that 28 U.S.C. § 1291 does not confer appellate jurisdiction over an otherwise interlocutory order on class certification following plaintiffs’ voluntary...more
In the Second Circuit, as in other jurisdictions, only exceptional circumstances will justify a departure from the basic policy of postponing appellate review until after the entry of a final judgment. A New York federal...more
This term, the Rhode Island Supreme Court spilled much ink on the final judgment rule. See Maciel v. Davey, No. 2012-222-Appeal and Baker v. Mitchell, No. 2013-17-Appeal. In two orders the Court dismissed interlocutory...more