Bryan Lammon
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finaldecisions.org
Bryan Lammon
@finaldecisions.org
1K followers 460 following 210 posts
Lawyer & law professor focused on appellate jurisdiction. Founder of Final Decisions PLLC (finaldecisions.org).
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finaldecisions.org
November's roundup features ineffective attempts at voluntarily dismissing discrete claims, which have me wondering whether courts are really dealing with discrete theories. Plus the appeal clock for granted post-judgment motions and more.

#AppellateSky

finaldecisions.org/the-month-in...
The Month in Federal Appellate Jurisdiction: November 2025 - Final Decisions PLLC
Ineffective attempts to voluntarily dismiss claims (or theories?), the appeal clock for successful post-judgment motions, appellate standing for privilege appeals, and more.
finaldecisions.org
December 8, 2025 at 1:06 PM
finaldecisions.org
This 11th Cir. decision—that a written, pretrial notice of intent not to pursue a theory was insufficient to resolve a "claim"—has me wondering: how often are courts addressing discrete claims rather than discrete theories of relief?

#AppellateSky

finaldecisions.org/no-finality-...
No Finality by Abandoning Claims Before Trial - Final Decisions PLLC
The Eleventh Circuit held that a defendant could not abandon a counterclaim before trial, and the attempt to do so precluded finality.
finaldecisions.org
December 8, 2025 at 12:26 PM
Reposted by Bryan Lammon
staceytovino.bsky.social
Congratulations to Professor Nicole Buonocore Porter @WM.edu Law School for winning the AALS Section on Law Professors with Disabilities and Allies' 2026 Chai Feldblum Award!
December 1, 2025 at 6:28 PM
finaldecisions.org
The William & Mary Appellate Clinic just filed the brief discussed in this @law360.bsky.social article. We argued (among other things) that qualified immunity is not a defense in FMLA actions against public officials.

Link to the brief next.

www.law360.com/employment/a...
Ex-Va. City Atty Tells 4th Circ. FMLA Doesn't Immunize Officials - Law360
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 ...
www.law360.com
November 15, 2025 at 8:52 PM
finaldecisions.org
This roundup features a new split on appealing denials of anti-SLAPP motions under California law. The en banc 9th Cir. overruled its caselaw allowing these appeals, but only a few days later the Fed. Cir. held that these denials are appealable.

#AppellateSky

finaldecisions.org/the-month-in...
The Month in Federal Appellate Jurisdiction: October 2025 - Final Decisions PLLC
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.
finaldecisions.org
November 7, 2025 at 2:21 PM
finaldecisions.org
One week after the 9th Cir. overrules its caselaw permitting immediate appeals of anti-SLAPP denials under California law, the Fed. Cir. held that those denials are immediately appealable. No mention of the 9th Cir.'s en banc decision.

#AppellateSky

www.cafc.uscourts.gov/opinions-ord...
Screenshot of a judicial opinion. The relevant text reads: We do not hold here that denials of anti-SLAPP motions to strike arising under any state's law are immediately appealable as a matter of right before this Court. Our holding today applies only, at this point, to California's anti-SLAPP statute. If we are presented with a case arising under another state's law, in determining whether we have appellate jurisdiction for a given case raising an issue regarding an anti-SLAPP motion to strike, we must evaluate the relevant state's anti-SLAPP statute at issue on appeal and evaluate how that tool has been exercised in practice to understand whether that given instance comports with the collateral-order exception to the final decision rule under Federal Circuit law.
October 16, 2025 at 1:01 PM
finaldecisions.org
My September 2025 appellate-jurisdiction roundup features minute orders as separate documents, contract formation issues in arbitration appeals, pendent appellate jurisdiction over standing, and more.

#AppellateSky

finaldecisions.org/the-month-in...
The Month in Federal Appellate Jurisdiction: September 2025 - Final Decisions PLLC
Minute orders as separate documents, contract formation issues in arbitration appeals, pendent appellate jurisdiction over standing, and more.
finaldecisions.org
October 7, 2025 at 4:53 PM
finaldecisions.org
My August appellate-jurisdiction roundup features a new circuit split on the deadline for appealing qualified-immunity denials. There were also interesting decisions on injunction appeals and remand appeals, plus some more qualified-immunity issues.

#AppellateSky

finaldecisions.org/the-month-in...
The Month in Federal Appellate Jurisdiction: August 2025 - Final Decisions PLLC
The appeal clock for collateral-order appeals, appeals involving preliminary injunctions, remand appeals, and more.
finaldecisions.org
September 9, 2025 at 11:56 AM
Reposted by Bryan Lammon
drfine.bsky.social
Interesting decision yesterday from the 11th Cir underscoring circuit precedent that could (and in this case did) catch the unwary. District ct granted a motion to dismiss but w/ leave to amend and with an order that the clerk should enter a separate dismissal order if the plaintiff didn't amend. 1/
August 21, 2025 at 6:40 PM
finaldecisions.org
Catching up on July's appellate-jurisdiction developments, with decisions on the collateral-order doctrine, dismissals of plaintiffs via Rule 41, failures to object to magistrate judges' orders, and more.

#AppellateSky

finaldecisions.org/the-month-in...
The Month in Federal Appellate Jurisdiction: July 2025 - Final Decisions PLLC
Appeals via the collateral-order doctrine, Rule 41 dismissals of plaintiffs, failures to object to magistrate judge decisions, and more.
finaldecisions.org
August 8, 2025 at 6:58 PM
finaldecisions.org
New appellate-jurisdiction roundup featuring decisions on relating forward notices of appeal, automatic stays for remand appeals, deficient final judgments, preservation, and much more.

#AppellateSky

finaldecisions.org/the-month-in...
The Month in Federal Appellate Jurisdiction: June 2025 - Final Decisions PLLC
Relating forward notices of appeal, automatic stays for remand appeals, deficient final judgments, preservation, and more.
finaldecisions.org
July 7, 2025 at 5:55 PM
finaldecisions.org
The Fourth Circuit held that failure to object to a magistrate judge's order was a preservation issue, not a jurisdictional one.

#AppellateSky

finaldecisions.org/jurisdiction...
Jurisdiction, Preservation & the Failure to Object to a Magistrate Judge’s Order - Final Decisions PLLC
The Fourth Circuit held that failure to object to a magistrate judge's order was a preservation issue, not a jurisdictional one.
finaldecisions.org
July 7, 2025 at 5:31 PM
finaldecisions.org
The Tenth Circuit had jurisdiction to review a civil-contempt order that imposed a $1,000/day fine. Although the ultimate sanction was not yet determined, it was sufficiently specific.

#AppellateSky

finaldecisions.org/contempt-app...
Contempt Appeals with Specific-but- Unspecified Contempt Sanctions - Final Decisions PLLC
The Tenth Circuit held that a $1,000/day fine for civil contempt was a sufficiently specific sanction for the decision to be final.
finaldecisions.org
June 19, 2025 at 4:29 PM
finaldecisions.org
The Seventh Circuit explained both the problems of and the potential solutions to final judgments that fail to mention all claims.

#AppellateSky

finaldecisions.org/dealing-with...
Dealing with Deficient Final Judgments - Final Decisions PLLC
The Seventh Circuit explained both the problems of and the potential solutions to final judgments that fail to mention all claims.
finaldecisions.org
June 18, 2025 at 7:22 PM
finaldecisions.org
Short post on the Supreme Court's decision in Parrish, which held that a premature notice of appeal relates forward to the district court's reopening of the appeal period.

#AppellateSky

finaldecisions.org/parrish-rela...
Parrish & Relating Forward Notices of Appeal - Final Decisions PLLC
The Supreme Court held that a notice of appeal filed before the appeal period is reopened relates forward to the date of reopening.
finaldecisions.org
June 18, 2025 at 6:49 PM
Reposted by Bryan Lammon
smmarotta.bsky.social
I say this with no irony. I love dorky procedural issues. I often write briefs like I am slogging through molasses, but let me loose on an appellate-jurisdiction question and my fingers fly.
June 14, 2025 at 5:54 AM
finaldecisions.org
Invoking the longstanding federal practice of cumulative finality—which often gives effect to premature notices of appeal—the Supreme Court held in Parrish that a premature notice of appeal related forward to the reopening of the appeal period.

#AppellateSky

www.supremecourt.gov/opinions/24p...
Screenshot of the first page of the Supreme Court's opinion in Parrish v. United States.
June 12, 2025 at 3:52 PM
finaldecisions.org
The Ninth Circuit held that an appeal from a remand order does not automatically stay the remand.

#AppellateSky

finaldecisions.org/ninth-circui...
Ninth Circuit: No Automatic Stays for Remand Appeals - Final Decisions PLLC
The Ninth Circuit held that an appeal from a remand order does not automatically stay the remand.
finaldecisions.org
June 8, 2025 at 6:05 PM
finaldecisions.org
The Fifth Circuit held that the government's failure to invoke an unconditional guilty plea waived the defendant's waiver of a suppression issue.

#AppellateSky

finaldecisions.org/waiving-or-f...
Waiving (or Forfeiting) an Unconditional Guilty Plea - Final Decisions PLLC
The Fifth Circuit held that the government's failure to invoke an unconditional guilty plea waived the defendant's waiver of a suppression issue.
finaldecisions.org
June 8, 2025 at 5:53 PM
finaldecisions.org
The Seventh Circuit held that it lacked jurisdiction to immediately review an order that narrowed—but not denied—the potential injunctive relief in an action.

#AppellateSky

finaldecisions.org/narrowing-v-...
Narrowing v. Denying Permanent Injunctive Relief - Final Decisions PLLC
The Seventh Circuit held that it lacked jurisdiction to immediately review an order that narrowed the potential injunctive relief in an action.
finaldecisions.org
June 7, 2025 at 7:12 PM
finaldecisions.org
New appellate-jurisdiction roundup, featuring effective injunction denials, appealing waiver-based remands, questioning the collateral-order doctrine and pendent appellate jurisdiction, and more.

#AppellateSky

finaldecisions.org/the-month-in...
The Month in Federal Appellate Jurisdiction: May 2025 - Final Decisions PLLC
Effective injunction denials, appealing waiver-based remands, questioning the collateral-order doctrine and pendent appellate jurisdiction, and more.
finaldecisions.org
June 4, 2025 at 2:59 PM
finaldecisions.org
A Fifth Circuit decision expressed some doubts about the collateral-order doctrine and pendent appellate jurisdiction.

#AppellateSky

finaldecisions.org/questioning-...
Questioning the Collateral-Order Doctrine & Pendent Appellate Jurisdiction - Final Decisions PLLC
A Fifth Circuit decision expressed some doubts about the collateral-order doctrine and pendent appellate jurisdiction.
finaldecisions.org
June 4, 2025 at 12:45 PM
finaldecisions.org
The Supreme Court will decide if defendants can immediately appeal from the denial of derivative sovereign immunity via the collateral-order doctrine.

#AppellateSky

finaldecisions.org/cert-grant-o...
Cert Grant on Derivative-Sovereign-Immunity Appeals - Final Decisions PLLC
The Supreme Court will decide if defendants can immediately appeal from the denial of derivative sovereign immunity via the collateral-order doctrine.
finaldecisions.org
June 4, 2025 at 11:21 AM
finaldecisions.org
The Supreme Court will address whether defendants can immediately appeal the denial of derivative sovereign immunity via the collateral-order doctrine.
June 2, 2025 at 4:49 PM
finaldecisions.org
A recent Sixth Circuit decision has me thinking that Carson's three-part test for effective injunction denials probably shouldn't apply when parties expressly sought a preliminary injunction.

#AppellateSky

finaldecisions.org/carsons-test...
Carson’s Test for Effective Injunction Denials - Final Decisions PLLC
Carson's three-part test for effective injunction denials probably shouldn't apply when parties expressly sought a preliminary injunction.
finaldecisions.org
May 22, 2025 at 2:29 PM