Interlocutory Appeals

News & Analysis as of

SDNY Certifies Interlocutory Appeal In Lender-Placed Insurance Dispute

On April 3, the U.S. District Court for the Southern District of New York certified an interlocutory appeal of an order denying a motion to dismiss filed by a group of insurers facing class allegations of unlawful...more

When to Think About an Interlocutory Appeal

You’ve just received a pretrial decision that seems to doom your client. You brace yourself for delivering the news and buckling down for a difficult trial. After all, there is no way to appeal that decision right now. Or is...more

My DC Anti-SLAPP Motion Was Denied! — Now What?

In 2011, the District of Columbia joined 28 states in passing legislation aimed at stopping Strategic Lawsuits Against Public Participation suits. SLAPP suits are usually brought by powerful interests who want to silence...more

Fast Five: Rhode Island Practice Group - January 2014

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

Strategies In Class Action Engagement: Response To Class Certification

This concludes our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. An order granting class certification is not the end of the battle regarding...more

You Can't Appeal That! Or Can You?

You may remember the case of Out of the Box Developers, LLC v. Logicbit Corp. It has spawned a couple of interesting discovery decisions. One was on subpoenas to third parties, another involved nearly $40,000 in sanctions for...more

Interlocutory Orders Appealable by Right

No one likes to think about, much less plan for, a worst-case scenario. However, your clients' appellate options should be a critical part of your pretrial and trial strategy. There are certain interlocutory, or non-final,[1]...more

Recent Decisions Enforcing Arbitration Provisions

For banking executives and in-house counsel, arbitration can be a preferable alternative to litigation to avoid costly trials and home-town advantages. In this article, we highlight four recent court decisions that affect the...more

California Supreme Court Closes Door to Appellate Review of Carefully Crafted Interlocutory Orders Disguised as Final Judgments

Today the California Supreme Court issued an opinion in Kurwa v. Kislinger (Oct. 3, 2013, S201619). The decision addresses the question of when a dismissal order is “final enough” to be appealable rather than a...more

"Sham Litigation" Suit Revived by Fourth Circuit

Waugh Chapel South, LLC v. United Food & Commercial Workers Union Local 27 - No. 12-1429, 2013 WL 4505288 (4th Cir. Aug. 26, 2013) - In Waugh Chapel South, LLC v. United Food & Commercial Workers Union Local 27, the...more

Question Of Fact Exists Whether Officer Had Probable Cause To Arrest A Man Sleeping In A Car For DUI; Judges Grapple Over Standard...

In Romo v. Largen, on interlocutory appeal, the Sixth Circuit affirmed the Western District of Michigan's decision that reasonable minds could differ as to whether Officer Jeff Largen had probable cause to arrest Candido...more

Updated Version "The Texas Anti-SLAPP Statute: Issues for Business Tort Litigation," by Mark C. Walker, 7th Annual Bill of Rights...

In this issue: - Table Of Contents - Table Of Authorities - I. Introduction. - II. Texas Citizens Participation Act: What is it? - A. Background and Enactment of the TCPA. - 1....more

Second Circuit Agrees To Hear Interlocutory Appeal Of Key MBS Litigation Questions

On May 7, the U.S. Court of Appeals for the Second Circuit granted two petitions seeking interlocutory appeal of key questions related to pending mortgage backed securities (MBS) cases....more

Fast Five - Rhode Island Appellate Practice: April 2013

Welcome to the first edition of Fast Five on Rhode Island Appellate Practice, which will provide five periodic updates on Rhode Island appellate law and pointers for practice before the Rhode Island Supreme Court. ...more

New Jersey District Court Certifies Interlocutory Appeal Of Whether State Law Prohibits Maintenance Of TCPA Class Action

Bias Yaakov of Spring Valley v. Peterson Nelnet, LLC, No. Civ. 11-00011, 2013 WL 663301 (D.N.J. Feb. 21, 2013) Pending before the court was Defendant’s Motion to Reconsider denial of its Motion to Dismiss Plaintiff’s...more

In re Freeport-McMoRan Copper & Gold Inc. Derivative Litig., C.A. No. 8145-VCN (Del. Ch. Feb. 14, 2013) (Noble, V.C.)

In this letter opinion, the Court of Chancery granted a motion to intervene by certain shareholders (the “Proposed Intervenors”) of Freeport-McMoRan Copper & Gold Inc. (“Freeport”) and approved the Proposed Intervenors’...more

Texas Looks to “Rejuvenate the Courthouse” With New Rules for Expedited Trial, Permissive Interlocutory Appeal and New “Loser...

Introduction - In 2011, the Texas Legislature passed House Bill 274, directing the Texas Supreme Court to promulgate new rules reducing the expense and delay of litigation. House Bill 274 calls for early “dismissal of...more

California District Court Awaits Class Certification Motion in Wal-Mart

On December 10, 2012, the California District Court denied Wal-Mart’s motion for an interlocutory appeal in a putative class action filed in the wake of the Supreme Court’s decision not permitting certification of a...more

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