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Michael T. Brody, co-chair of Jenner & Block. Michael T. Brody, co-chair of Jenner & Block.

The U.S. Court of Appeals for the Seventh Circuit is famous for jealously guarding its jurisdiction. In a recent case, the Seventh Circuit reaffirmed that the 10-day time limit in Section 1292(b) for petitioning a court of appeals to take an interlocutory appeal is jurisdictional, but held for the first time that parties could not “circumvent” the deadline by asking the district court to “recertify” the order for interlocutory review. In so doing, the court reversed existing circuit precedent and created a split with other circuits.

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