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Joshua Yount of Mayer Brown Joshua Yount of Mayer Brown

7th Circuit SpotlightThe U.S. Court of Appeals for the Seventh Circuit’s decision toward the end of last year in Groves v. United States, 941 F.3d 315 (7th Cir. 2019), is quite unusual. It repudiates a long-standing Seventh Circuit precedent regarding the timeliness of interlocutory appeals sought under 28 U.S.C. Section 1292(b). It disagrees with the unanimous case law on the subject from nine other circuits. And it does so even though neither party argued for that result. Yet the Groves decision drew nary a whisper of objection from any member of the panel hearing the appeal or any of the other Seventh Circuit judges. What explains the unusual result in Groves? The answer is recent Supreme Court rulings addressing the timeliness of other kinds of appeals. Guided by those rulings, Groves holds that the 10-day period for asking the court of appeals to accept a Section 1292(b) appeal is jurisdictional and cannot be restarted by a district court’s re-entry of the order certifying issues for interlocutory appeal.

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