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Appellate Courts › Remand › Jurisdiction

Stevens & Lee

Not So Fast: Enforcing an Appellate Decision Requires the Appellate Court’s Mandate or Remand

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Here is a typical scenario. You appeal your case to a federal or state appellate court. The briefing is done and dusted. The case is argued. Everyone is patiently waiting for the appellate court’s decision. Then — voila — the...more

Whiteford

Client Alert: Virginia Court of Appeals Clarifies Finality in Cases Seeking Attorney Fee Awards

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On August 5, 2025, the Virginia Court of Appeals addressed the finality of court orders and the limits of appellate jurisdiction. While the decision was made in the context of a Virginia Freedom of Information Act (“VFOIA”)...more

McGlinchey Stafford

5th Circuit Reminder: Forum Selection Clause Cannot Strip a Federal Court of Jurisdiction

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The 5th Circuit recently reversed a district court’s decision to remand a case before ruling on a pending motion to compel arbitration. This is because the remand motion did not challenge the district court’s jurisdiction;...more

Carlton Fields

Fourth Circuit Applies Supreme Court’s Coinbase Decision Outside Context of Arbitration

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The Fourth Circuit Court of Appeals recently concluded that the U.S. Supreme Court’s decision in Coinbase Inc. v. Bielski is not limited to interlocutory appeals involving arbitration....more

Fox Rothschild LLP

Appellate Courts and Messy Kitchens

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Ever had to explain to a client why a sweet win in the lower courts doesn’t necessarily mean that it’s time to dig in and eat? In City of Martinsville, VA v. Express Scripts, a Fourth Circuit majority opinion used a...more

Snell & Wilmer

United States Supreme Court Unanimously Holds That an Amended Complaint Can Deprive Federal Courts of Jurisdiction

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The Supreme Court ruled on January 15, 2025, that if a plaintiff amends a complaint to remove federal claims after a case has been removed to federal court, the federal court loses its jurisdiction over the remaining...more

Downey Brand LLP

Trial Court’s Jurisdiction over CEQA Case is Lost after Writ is Satisfied by Rescission of Project Approvals

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In McCann v. City of San Diego (2023) 94 Cal.App.5th 284 (McCann II), the Fourth District Court of Appeal held the trial court exceeded its jurisdiction by failing to discharge a writ of mandate. The writ was issued for the...more

Seyfarth Shaw LLP

The Seventh Circuit Provides District Courts Ammunition To Deal With “Objector Blackmail” In Proposed Class Settlements

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Seyfarth Synopsis: “Objector blackmail” occurs in the class settlement approval process when a few class members object to a proposed settlement and, after the district court has overruled their objections, pursue appeals...more

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