News & Analysis as of

Interlocutory Orders

Fox Rothschild LLP

An Interlocutory Ruling May Affect a Substantial Right Yet Not Be Immediately Appealable

Fox Rothschild LLP on

In North Carolina appellate practice, it is often generally said that an interlocutory order affecting a substantial right is immediately appealable. But as the Court of Appeals reiterated in an opinion issued this week,...more

Smart & Biggar

Federal Court of Appeal finds summary trial appropriate, upholds dismissal of ViiV’s action for patent infringement re: Gilead’s...

Smart & Biggar on

The Federal Court of Appeal dismissed an appeal by ViiV from a decision of the Federal Court granting Gilead’s motion for summary trial and dismissing ViiV’s patent infringement action that claimed Gilead infringed Patent No....more

Fox Rothschild LLP

Have Judges Been Getting The Standard For Motions For Reconsideration Wrong All Along?

Fox Rothschild LLP on

You see it all of the time. Someone file a motion with the court regarding discovery and/or asking for various pendente lite relief, like temporary support, temporary parenting time and other things that come up during the...more

Hinshaw & Culbertson - Health Care

Cook County Protective Order Template Violates HIPAA With Regard to PHI Disclosures: Hinshaw's Annual Guide to Key Illinois...

Is an insurer considered a "covered entity" subject to HIPAA regulations regarding protected health information? Rosemarie Haage v. Alfonso Monitel Zavala, et al. (State Farm Mutual Insurance Company,...more

Winstead PC

Why Wait To Appeal? Texas Has A Permissive Appeal Statute That Allows Parties To Appeal Interlocutory Orders If Certain Conditions...

Winstead PC on

In fiduciary litigation, parties often file motions that raise important legal issues before trial. For example, parties may file motions on preemption, the statute of limitations, exculpatory clauses, legal duties, legal...more

Bennett Jones LLP

Court Finds Indigenous Law Not a Defence to an Injunction to Restrain Protests

Bennett Jones LLP on

On December 31, 2019, the British Columbia Supreme Court confirmed that interlocutory injunctions, which can include police enforcement clauses, are an available remedy to restrain protesters from blockading pipeline projects...more

Dechert LLP

The U.S. Supreme Court Holds that Orders Granting or Denying Lift Stay Motions are Final

Dechert LLP on

The consequences of an order or judgement being final or interlocutory are enormous. An order from an interlocutory order requires leave since these orders are not appealable as of right. In addition, a failure to obtain...more

Foley Hoag LLP - Environmental Law

Being On the Eve of Destruction Does Not Provide a Basis for Judicial Relief

Last week, the 9th Circuit Court of Appeals ruled that the plaintiffs in Juliana v. United States do not have standing. Given where we are, this is about as momentous a decision as I can imagine. I get the majority opinion....more

King & Spalding

Due to Intervening Change in Law, Ninth Circuit Allows Plaintiffs Another Opportunity to Pursue Class Claims After They...

King & Spalding on

The Ninth Circuit recently clarified what standard applies when a party seeks relief from judgment under Rule 60(b). In so doing, the court allowed two plaintiffs who had previously voluntarily dismissed their class action...more

Bennett Jones LLP

Federal Court Issues Site-Blocking Order for ISPs

Bennett Jones LLP on

In Bell Media Inc. v. GoldTV.Biz, 2019 FC 1432, the Federal Court dealt with a novel motion in Canada for a “site-blocking order”. The broadcasting company plaintiffs sought an interlocutory mandatory injunction against the...more

Smart & Biggar

Federal Court issues two interlocutory decisions in section 8 pregabalin case

Smart & Biggar on

On October 10, 2019, Justice O’Reilly of the Federal Court issued two decisions relating to Pharmascience’s claim for section 8 damages under the pre-amended Patented Medicines (Notice of Compliance) Regulations for its...more

Bass, Berry & Sims PLC

Chris Lazarini Outlines Court Decision to Uphold Permanent Injunction Against Broker

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini outlined a court’s decision to uphold a permanent injunction against a broker finding the appellate rules do not allow for an appeal as a matter of right. In this case, a bank sought...more

Carlton Fields

Through the Looking Glass: Damages “Warts” Wreck Injunction Class

Carlton Fields on

Mirror, mirror on the class, are damages what you really asked? The Eleventh Circuit reversed an interlocutory order certifying an injunction class, rejecting the plaintiffs’ ploy “to lop off all the damages-based warts...more

Ward and Smith, P.A.

On Notice: How to Avoid Improper Notices of Appeal

Ward and Smith, P.A. on

Rule 3 of the North Carolina Rules of Appellate Procedure seems pretty clear. A Notice of Appeal must "designate the judgment or order from which appeal is taken." But what might seem clear on its face isn't always so...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Big Win for Arkansas Hospitals: Protecting the Quality Assurance Process

The Arkansas Court of Appeals recently affirmed the critically important quality-assurance privilege in Arkansas, codified at Arkansas Code Annotated section 16-46-105. At issue was whether a hospital must convene a formal...more

Dechert LLP

Is Your Approved Break-Up Fee Safe?

Dechert LLP on

After Energy Future Holdings (EFH), maybe not so much. The size of the break-up fee approved by the bankruptcy court in EFH was undoubtedly large by any account – US$275 million. But it was approved following all necessary...more

Nexsen Pruet, PLLC

Reconsideration of Interlocutory Orders - The breadth and limitation of Federal Rule of Civil Procedure 54(b)

Nexsen Pruet, PLLC on

A district court may revise “any order or other decision…that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties…at any time before the entry of a judgment adjudicating all the...more

Bryan Cave Leighton Paisner

Eight Lessons for Your Practice from the Law of Canine Replevin (#5 Will Amaze You)

Some years ago, a judge in New York wrote that “the reported cases for replevin of a pet dog are few, in part because of the legal expense involved in maintaining such an action.” Webb v. Papaspiridakos, 889 N.Y.S.2d 884...more

Perkins Coie

Court May Seek Clarification From Agency Regarding Issue In Pending Litigation

Perkins Coie on

The Sixth District Court of Appeal held that a trial court in a mandamus action had the inherent power to remand to the Board of Supervisors for clarification regarding an ambiguous general plan consistency finding. The...more

Clark Hill PLC

COMING SOON: Changes to Texas Supreme Court Jurisdiction

Clark Hill PLC on

In late May, Governor Abbott signed H.B. 1761, which will effect changes to the Texas Supreme Court’s jurisdiction beginning September 1, 2017. The changes simplify the most common grounds by which the Court may exercise its...more

Benesch

Supreme Court Swats Down the “Voluntary-Dismissal Tactic”

Benesch on

Let’s say you’re a plaintiff in a federal action and you’re seeking class certification. The district court denies your motion. ...more

Jones Day

Complainant Cannot Move For Summary Determination Against Its Own Interests

Jones Day on

Judge Pender issued Order No. 19 in Certain Access Control Systems and Components Thereof, Inv. No. 337-TA-1016, denying Complainant The Chamberlain Group’s (“CGI”) motion for summary determination that the accused products...more

Winstead PC

Court Dismisses Appeal From Order Appointing A Temporary Administrator And Reverses Temporary Injunction

Winstead PC on

In Harris v. Taylor, Harris challenged a probate court’s interlocutory order appointing a temporary administrator and a temporary injunction order enjoining her from accessing certain financial accounts. No. 01-15-00925-CV,...more

Bryan Cave Leighton Paisner

Non-Final Finality: Does One Interlocutory Issue Resolved in a Bankruptcy Court Order Render All Issues Addressed in the Order...

As the Supreme Court recently reminded us in Bullard v. Blue Hills Bank, not all orders in bankruptcy cases are immediately appealable as a matter of right. Only those orders deemed sufficiently “final” may be appealed...more

Winstead PC

Court Holds That Order Allowing A Successor Trustee And Reinstating A Prior Trustee Is Appealable

Winstead PC on

In In re Tipps, an elderly woman’s son became trustee of a trust due to her incompetency, and the son and his brother went to a mediation concerning a guardianship proceeding and other issues. No. 05-14-01495-CV, 2016 Tex....more

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Sausalito, California 94965

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Updates to This Policy

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