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Federal Certified Orders for Interlocutory Appeal

By Mike Northrup on April 1, 2009
Posted in Opinions & Judgments

This week the federal Fifth Circuit Court of Appeals issued an opinion in connection with a Petition for Leave to Appeal solely to remind district judges (and presumably practitioners) to demonstrate that the standards governing interlocutory appeals under 28 U.S.C. Section 1292(b) have been met.

Section 1292(b) requires that a district court should state when…

Waiver of appellate review by failure to bring interlocutory appeal

By Mike Northrup on January 11, 2009
Posted in Opinions & Judgments

Does a party waive its right of appellate complaint by failing to bring an interlocutory appeal when a right of interlocutory appeal exists?  At least one court of appeals has answered that question in the affirmative and one court has answered that question in the negative.  It now appears that the Dallas Court…

About this Blog

Mike Northrup is the chair of the appellate practice group at Cowles & Thompson, P.C. He is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization, and is a former Chair of the Appellate Law Section…

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