Sarah Fackrell
Doug NazarianAs of today, I have more followers here, after about of month of active engagement, than I ever had on the Other Site after years and years. And my sense is that the #AppellateTwitter and #LawTwitter communities are still making the #AppellateSky and #LawSky migrations. We still need more judges!
Friends from #AppellateTwitter may remember the personal jurisdiction appeal noted in this footnote. #CivProMatters
Aaron BruhlWe 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
Bryan LammonApril'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
#AppellateMastodon #AppellateTwitter
https://finaldecisions.org/the-month-in-federal-appellate-jurisdiction-april-2023
The Month in Federal Appellate Jurisdiction: April 2023 - Final Decisions
Manufactured finality, preservation via denied summary-judgment motions, the standards for (and scope of) class-certification appeals, appealing after dismissals with leave to refile, a slew of new cert petitions, and much more.
Adam S. Rust---
RT @EllieMargolis
Crowdsourcing a question for #AppellateTwitter: in a party brief (not amicus) do you ever cite non-legal information (empirical data, economic theory, etc.) in support of your legal argument? If so, please indicate type of case (patent, civil rights, etc.) in the comments
https://twitter.com/EllieMargolis/status/1648031170527916035
RT @EllieMargolis
Crowdsourcing a question for #AppellateTwitter: in a party brief (not amicus) do you ever cite non-legal information (empirical data, economic theory, etc.) in support of your legal argument? If so, please indicate type of case (patent, civil rights, etc.) in the comments
https://twitter.com/EllieMargolis/status/1648031170527916035
Ellie Margolis on Twitter
“Crowdsourcing a question for #AppellateTwitter: in a party brief (not amicus) do you ever cite non-legal information (empirical data, economic theory, etc.) in support of your legal argument? If so, please indicate type of case (patent, civil rights, etc.) in the comments”
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
#AppellateMastodon #AppellateTwitter
https://finaldecisions.org/an-unfortunate-extension-of-microsoft
An Unfortunate Extension of Microsoft - Final Decisions
After an interlocutory order that appears to have precluded the plaintiff from prevailing, the plaintiff asked the district court to enter summary judgment against it. The Sixth Circuit held that this didn’t produce a final decision.
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
Appealing § 1447(e) Remands, Genuine & Otherwise - Final Decisions
The Second Circuit tackled a series of issues concerning remand appeals, 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.
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
SCOTXblogfrom @jodyssanders:
> Texas parents, the Texas Supreme Court just approved a form to use to initiate an action to obtain an injunction to stop cyberbullying. See the attached link: https://www.txcourts.gov/media/1455991/239014.pdf