Bryan Lammon

@BryanLammon
82 Followers
19 Following
26 Posts
Law professor, University of Toledo College of Law. Mostly appellate jurisdiction and procedure.
Webpagehttps://finaldecisions.org
SSRNhttps://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=883907
Faculty Biohttps://www.utoledo.edu/law/faculty/fulltime/lammon.html
GitHubhttps://github.com/bryanlammon
Bryan LammonMay 2, 2023
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 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.

Final Decisions
Bryan LammonApr 13, 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
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.

Final Decisions
Bryan LammonApr 4, 2023

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 Month in Federal Appellate Jurisdiction: March 2023 - Final Decisions

Skipping appellate-jurisdiction issues to address subject-matter jurisdiction, party status for discovery appeals, appealing § 1447(e) remands, arbitration appeals, and more.

Final Decisions
Bryan LammonMar 24, 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.

Final Decisions
Bryan LammonMar 18, 2023

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

Third Parties & “Party” Status for Discovery Appeals - Final Decisions

The D.C. Circuit held that someone challenging a discovery order directed to someone else must first obtain some sort of party status before appealing.

Final Decisions
Bryan LammonMar 7, 2023

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

Skipping Appellate Jurisdiction to Address Subject-Matter Jurisdiction - Final Decisions

The Second Circuit assumed that it had jurisdiction over an interlocutory appeal and held that the district court lacked subject-matter jurisdiction.

Final Decisions
Bryan LammonMar 4, 2023

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

Appealing Motions to Dismiss & Compel Arbitration - Final Decisions

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

Final Decisions
Bryan LammonMar 2, 2023

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

The Month in Federal Appellate Jurisdiction: February 2023 - Final Decisions

The scope of immigration appeals, finality after voluntary dismissals, the appealability of administrative remands, appealing the church-autonomy defense, and more.

Final Decisions
Bryan LammonFeb 22, 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 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.

Final Decisions
Bryan LammonFeb 21, 2023

Anyone interested in writing legal scholarship using #Markdown ?

I've updated Supra to be a full #Pandoc wrapper. It handles citations and cross-references, runs Pandoc, and processes the output to add an author note, running headers, and more.

https://github.com/bryanlammon/supra/

GitHub - bryanlammon/supra: Use Pandoc to write legal scholarship in Markdown.

Use Pandoc to write legal scholarship in Markdown. - GitHub - bryanlammon/supra: Use Pandoc to write legal scholarship in Markdown.

GitHub