Appeals, Jurisdiction, Petition for Writ of Certiorari

Court of Appeals Saves Appellant From Post Office Predicament

Fox Rothschild LLP on 8/8/2025

It’s the stuff of nightmares: you drop your notice of appeal in the mail 24 days after a summary-judgment order is entered against your client, trusting the post office will manage to get it into the clerk’s hands for filing...more

The Status of the Corporate Transparency Act – It’s Not Clear

Rivkin Radler LLP on 1/3/2025

Few would argue that the federal government does not have a legitimate interest in preventing, detecting, and punishing tax fraud, money laundering, and other financial crimes. Likewise, I imagine few would disagree with the...more

SCOTUS denies certiorari in New York opioid stewardship payment challenge

Eversheds Sutherland (US) LLP on 10/5/2021

On October 4, 2021, the United States Supreme Court denied certiorari in an appeal from a decision of the Second Circuit which held that New York’s opioid stewardship payment, required as part of the New York Opioid...more

Supreme Court Tackles Tax-Related Cases

McDermott Will & Schulte on 2/27/2020

The United States Supreme Court has picked up the pace this week, already issuing eight regular opinions and four opinions relating to orders as of today. We discuss the tax-related items here. In Rodriguez v. FDIC, the...more

United States v. Hoskins & Scoville v. SEC: DOJ & SEC extend their extraterritorial reach for FCPA & securities fraud charges

White & Case LLP on 11/19/2019

The SEC and DOJ recently received positive news in two enforcement actions that had been challenged on grounds of extraterritoriality. These cases illustrate the ongoing judicial efforts to define the extraterritorial reach...more

Domino’s Petitions Supreme Court for Review of Unfavorable Website Accessibility Decision

BCLP on 6/18/2019

Domino’s Pizza LLC has submitted a petition asking the U.S. Supreme Court to review and reverse a decision from the Ninth Circuit Court of Appeals that allowed a website accessibility case to proceed against Domino’s. The...more

5 Patent Law Petitions to Watch at the Supreme Court

Nutter McClennen & Fish LLP on 5/28/2019

As the 2018-2019 Supreme Court term nears its end, several consequential patent law petitions still await certiorari rulings before the Justices recess for the summer, while other patent cases are scheduled to be briefed and...more

Say My Name, Say My Name: Appealing Neighbors Must Name the Permit Applicant

Womble Bond Dickinson on 12/13/2017

A partner of mine in New York used to say, “Few things can’t be undone in litigation.” I didn’t agree. A recently-decided case, following on less-recently-decided authority, from the North Carolina Court of Appeals reveals...more

SCOTUS: Only Appeal Filing Deadlines Prescribed by Statute are “Jurisdictional”

Robins Kaplan LLP on 12/13/2017

On November 8, 2017, the Supreme Court issued an unanimous opinion in Hamer v. Neighborhood Housing Services of Chicago, Case No. 16-658, clarifying that an appeal filing deadline prescribed by statute is “jurisdictional,”...more

Plaintiffs’ Voluntary Dismissal Does Not Transform Denial of Class Certification into an Appealable Final Judgment

Eversheds Sutherland (US) LLP on 6/16/2017

The Supreme Court, in an opinion written by Justice Ginsburg, has held that 28 U.S.C. § 1291 does not confer appellate jurisdiction over an otherwise interlocutory order on class certification following plaintiffs’ voluntary...more

ITC Declines to File Petition for Certiorari – CAFC Holding that ITC Does Not Have Jurisdiction over Digital Imports Stands

Mintz - Intellectual Property Viewpoints on 9/3/2016

The deadline has come and gone for the ITC and patentee Align to file petitions for certiorari seeking review by the Supreme Court of the Federal Circuit’s decision in ClearCorrect. On November 10, 2015, a panel of the...more

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