How Appealing



Saturday, October 14, 2023

“Abandoning (Rather than Dismissing) Claims to Create Finality; The Eleventh Circuit held that claimants can create a final decision by ‘abandoning’ unresolved claims, which stands in some tension with that court’s rule that litigants cannot voluntarily dismiss discrete claims”: Bryan Lammon recently had this post at his “final decisions” blog.

And Alison Frankel’s “On the Case” from Reuters had a related post titled “In this U.S. appeals court, ‘dismiss’ and ‘abandon’ are not synonyms.”

Posted at 9:57 PM by Howard Bashman



“Judges running in Pa’s Supreme Court race talk about judicial philosophies; The winner could end up casting a deciding vote on the future of reproductive rights in Pennsylvania”: Peter Hall of Pennsylvania Capital-Star has this report.

Posted at 9:47 PM by Howard Bashman



“Supreme Court to Hear Another Broad Challenge to Agency Power; The justices apparently added the new case to ensure that Justice Ketanji Brown Jackson could take part in deciding whether to overrule a major precedent”: Adam Liptak of The New York Times has this report.

You can access yesterday’s Order List of the U.S. Supreme Court at this link.

Posted at 9:18 PM by Howard Bashman



“Is Rule 4(a)(4)(B)(ii) Jurisdictional? I’m starting to think that a failure to file a second or amended notice of appeal does not affect appellate jurisdiction to review certain post-judgment decisions.” Bryan Lammon has this post at his “final decisions” blog.

Posted at 1:12 PM by Howard Bashman



“Newman, Oldest US Judge, Feted Again in Non-Farewell Tour; Newman speech caps first day of intellectual property conference; Her colleagues stopped her from taking new cases”: Michael Shapiro of Bloomberg Law has this report.

Posted at 12:52 PM by Howard Bashman