The ABA Commission on Disability Rights interviewed Nicole Porter, Rita Anne Rollins Professor of Law at William & Mary Law School, about her article, “Troubling Trends: ADA Definition of Disability C...

Ineffective attempts to voluntarily dismiss claims (or theories?), the appeal clock for successful post-judgment motions, appellate standing for privilege appeals, and more.

The Eleventh Circuit held that a defendant could not abandon a counterclaim before trial, and the attempt to do so precluded finality.

BRIEF by Daniel P. Mook. Type of Brief: RESPONSE. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1001876934] [25-1677] Bryan Lammon [Entered...

The Family and Medical Leave Act doesn't contemplate qualified immunity, a former Virginia city assistant attorney told the Fourth Circuit on Thursday, arguing that a municipal attorney cannot appeal ...

A new split on anti-SLAPP appeals, plus a panel's ability to expand a certificate of appealability, reviewing the remedy in qualified-immunity appeals, and more.

Minute orders as separate documents, contract formation issues in arbitration appeals, pendent appellate jurisdiction over standing, and more.

The Seventh Circuit held that there was no jurisdictional time limit on seeking a Rule 54(b) partial judgment. And it questioned earlier decisions imposing a 30-day deadline (albeit a non-jurisdiction...

The D.C. Circuit joined the Seventh Circuit in holding that “recertifying” an order for interlocutory appeal does not restart § 1292(b)’s ten-day deadline.

The appeal clock for collateral-order appeals, appeals involving preliminary injunctions, remand appeals, and more.

Final decisions and final judgments play distinct roles in the law of federal appellate jurisdiction. Courts should recognize as much.

Appeals via the collateral-order doctrine, Rule 41 dismissals of plaintiffs, failures to object to magistrate judge decisions, and more.

Relating forward notices of appeal, automatic stays for remand appeals, deficient final judgments, preservation, and more.

The Fourth Circuit held that failure to object to a magistrate judge's order was a preservation issue, not a jurisdictional one.

The Fourth Circuit suggested that a defense’s providing an immunity from litigation is enough for the collateral-order doctrine. But what about the doctrine’s other requirements, particularly separate...

A Fifth Circuit decision expressed some doubts about the collateral-order doctrine and pendent appellate jurisdiction.

The Tenth Circuit held that a $1,000/day fine for civil contempt was a sufficiently specific sanction for the decision to be final.

The Seventh Circuit explained both the problems of and the potential solutions to final judgments that fail to mention all claims.

The Supreme Court held that a notice of appeal filed before the appeal period is reopened relates forward to the date of reopening.

The Ninth Circuit held that an appeal from a remand order does not automatically stay the remand.

The Fifth Circuit held that the government's failure to invoke an unconditional guilty plea waived the defendant's waiver of a suppression issue.

The Seventh Circuit held that it lacked jurisdiction to immediately review an order that narrowed the potential injunctive relief in an action.

Effective injunction denials, appealing waiver-based remands, questioning the collateral-order doctrine and pendent appellate jurisdiction, and more.

A Fifth Circuit decision expressed some doubts about the collateral-order doctrine and pendent appellate jurisdiction.

The Supreme Court will decide if defendants can immediately appeal from the denial of derivative sovereign immunity via the collateral-order doctrine.

The Fourth Circuit suggested that a defense’s providing an immunity from litigation is enough for the collateral-order doctrine. But what about the doctrine’s other requirements, particularly separate...

Carson's three-part test for effective injunction denials probably shouldn't apply when parties expressly sought a preliminary injunction.

One year after Bryan Lammon came to William & Mary Law School as a Visiting Professor of Law, the Class of 2027 honored him as the 1L Professor of the Year.

The en banc Fifth Circuit overruled In re Weaver and held that 28 U.S.C. § 1447(d) does not bar review of waiver-based remands.

The Fifth Circuit split over whether a party could appeal from the district court’s delay in deciding a preliminary-injunction motion.

Claims and theories for Rule 54(b), plus appealing TROs, denials of litigation privileges, denials of church-autonomy defenses, and more.

The Third Circuit split over the meaning of "claims" for purposes of Rule 54(b), with the dissent arguing that distinct elements means distinct claims.

The Eleventh Circuit explained that different counts are not distinct claims for purposes of Rule 54(b) when they stem from the same events and seek a remedy for the same injury.

The Eleventh Circuit addressed the immediate appealability of Florida’s absolute and qualified litigation privileges

Distinguishing TROs and preliminary injunctions, Brady issues in qualified-immunity appeal, pendent appellate jurisdiction without appellate jurisdiction, and more.

The Sixth Circuit spoke at length about its jurisdiction to review certain Brady issues as part of qualified-immunity appeals.

The Second Circuit appeared to both dismiss a qualified-immunity appeal for a lack of jurisdiction and exercise pendent appellate jurisdiction over a plaintiff’s cross-appeal.

Some new data on the frequency of fact-based qualified-immunity appeals and the time it takes to decide them.

I filed an amicus brief on the history of cumulative finality and how it continues to exist alongside the Federal Rules of Civil Procedure.

Another rejection of pure Bivens appeals, Perlman appeals in the grand-jury context, mandatory stays during remand appeals, and more.