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.
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https://finaldecisions.org/the-administrative-remand-rule-non-merits-decisions
The Administrative-Remand Rule & Non-Merits Decisions - Final Decisions
The Ninth Circuit held that the administrative-remand rule—which generally bars appeals from orders remanding a matter to an agency—doesn’t apply to non-merits vacaturs of regulations.
The Ninth Circuit on Qualified-Immunity Appeals, the Bivens Question, and Pendent Appellate Jurisdiction - Final Decisions
The Ninth Circuit definitively held that the Bivens question is within the scope of qualified-immunity appeals, rejecting pre-Wilkie cases that said otherwise.
Bryan Lammon