We need a name for the property-protecting canon the Supreme Court used in Sackett, the recent Clean Water Act case, and I propose calling it the Sagebrush Canon.

The name is inspired, of course, by the Sagebrush Rebellion, which admittedly more involved public lands as opposed to public regulation of private lands. But the vibes line up.

1/3

April's appellate-jurisdiction roundup features manufactured finality, preservation via denied summary-judgment motions, the standards for (and scope of) class-certification appeals, a slew of new cert petitions, and much more.
#AppellateMastodon #AppellateTwitter
https://finaldecisions.org/the-month-in-federal-appellate-jurisdiction-april-2023

The #6thCir appears to have extended Microsoft to manufactured appeals after interlocutory decisions that effectively resolve the case, shutting down a valuable tool for accelerating the inevitable end of district court proceedings.
#AppellateMastodon #AppellateTwitter
https://finaldecisions.org/an-unfortunate-extension-of-microsoft

March's appellate-jurisdiction roundup is up. It features a court's skipping appellate-jurisdiction issues to address subject-matter jurisdiction, party status for discovery appeals, appealing §1447(e) remands, and much more.
#AppellateMastodon #AppellateTwitter

https://finaldecisions.org/the-month-in-federal-appellate-jurisdiction-march-2023

The #2dCir tackled a series of remand-appeal issues, including whether §1447(d)’s bar on appeals applies to §1447(e) remands and whether an appellate court can inquire into the true grounds for a remand.
#AppellateMastodon #AppellateTwitter

https://finaldecisions.org/appealing-§-1447e-remands-genuine-otherwise

The #DCCir held that someone challenging a discovery order directed to someone else must first obtain some sort of party status before appealing.
#AppellateMastodon #AppellateTwitter

https://finaldecisions.org/third-parties-party-status-for-discovery-appeals

The #2dCir said it did not need to address appellate jurisdiction (specifically, the appealability of PREP Act-immunity denials) when the district court lacks subject-matter jurisdiction.

#AppellateMastodon #AppellateTwitter
https://finaldecisions.org/skipping-appellate-jurisdiction-to-address-subject-matter-jurisdiction

The #1stCir explained that it can review the denial of a motion to dismiss when the only ground for dismissal was to compel #arbitration.

#AppellateMastodon #AppellateTwitter

https://finaldecisions.org/appealing-motions-to-dismiss-compel-arbitration

This month's appellate-jurisdiction roundup features the scope of immigration appeals, finality after voluntary dismissals, the appealability of administrative remands, appealing the church-autonomy defense, and much more.

#AppellateMastodon #AppellateTwitter

https://finaldecisions.org/the-month-in-federal-appellate-jurisdiction-february-2023

In an interesting twist on the administrative-remand rule, the #9thCir held that the general bar on appealing administrative remands doesn't apply when the district court hasn't made a decision on the merits.

#AppellateMastodon #AppellateTwitter

https://finaldecisions.org/the-administrative-remand-rule-non-merits-decisions

The #11thCir dismissed an appeal because the purported Rule 41(a)(1)(A) dismissal of unresolved claims was ineffective. I'm not entirely convinced by this "actions only" interpretation of the rule.
#AppellateMastodon #AppellateTwitter
https://finaldecisions.org/finality-after-rule-41-dismissals-of-claims-actions

The #3dCir split on whether federal officials can appeal Bivens issues without appealing from the denial of #QualifiedImmunity.

#AppellateMastodon #AppellateTwitter

https://finaldecisions.org/the-third-circuit-split-on-pure-bivens-appeals

Guerrero-Lasprilla continues to change circuit law on the scope of immigration appeals, as the Sixth Circuit held that it can review good-moral-character determinations in cancellation-of-removal cases.
#AppellateMastodon #AppellateTwitter
https://finaldecisions.org/reviewing-good-moral-character-determinations-in-immigration-appeals

The #9thCir clarified its law on appealing the Bivens question as part of a #QualifiedImmunity appeal: it can be done, and it doesn't require pendent appellate jurisdiction.
#AppellateMastodon #AppellateTwitter
https://finaldecisions.org/the-ninth-circuit-on-qualified-immunity-appeals-the-bivens-question-and-pendent-appellate-jurisdiction

This #7thCir opinion provides a good primer on the difference between conceding issues for purposes of an appeal and waiving those issues on appeal (with suggestions of how to make sure you're doing the former).
#AppellateMastodon #AppellateTwitter
https://finaldecisions.org/conceding-issues-for-purposes-of-appeal-v-waiving-issues-on-appeal

I’ve put the weekly appellate-jurisdiction roundup on hiatus for a now. In its place, I’m going to try (emphasis on try) more individual posts and monthly roundups.

So here is the roundup for January 2023, featuring a cert grant on a long-simmering circuit split, a new circuit split on contempt appeals, some pendent appellate jurisdiction, and a new cert petition on another split.

#AppellateMastodon #AppellateTwitter

https://finaldecisions.org/the-month-in-federal-appellate-jurisdiction-january-2023/

There's a new cert petition on the post-Guerrero-Lasprilla split over jurisdiction to review hardship determinations in immigration appeals.
#AppellateMastodon #AppellateTwitter
https://finaldecisions.org/new-cert-petition-on-reviewing-hardship-determinations-in-immigration-appeals/

Too many to count. Fortunately, I get paid at my job for a bunch of them. #AppellateTwitter
---
RT @Standplaats_KRK
What subject would make you do this?
https://twitter.com/Standplaats_KRK/status/1620472927530393619

An interesting #AppellateTwitter dilemma. Junior associate is assigned to argue a case in the Fifth Circuit. But the case is scheduled when they are getting married. There's a partner available.

As OC, oppose? Assume the change is bad for your client. As Court, grant?