Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Law Firms Mentioned


Appellate Practice in Federal and State CourtsBook

A new 'Bible' for appellate practice.... Part treatise, part do-it-yourself manual, and part map of the road through an appeal. Luther Munford, The Appella...

Get More Information

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.