No. 22-983

Remingtyn A. Williams, et al. v. Lamar A. Davis, Superintendent, Louisiana State Police

Lower Court: Fifth Circuit
Docketed: 2023-04-10
Status: Denied
Type: Paid
Response Waived
Tags: collateral-order eleventh-amendment interlocutory-appeal interlocutory-review judicial-process pendent-appellate-jurisdiction sovereign-immunity standing
Key Terms:
Arbitration SocialSecurity JusticiabilityDoctri
Latest Conference: 2023-05-11
Question Presented (AI Summary)

May a court of appeals exercise pendent appellate jurisdiction to consider an issue, such as standing, that 'significantly overlaps' with an immediately appealable collateral order, such as state sovereign immunity under the Eleventh Amendment, but is not 'essential to the resolution of [a] properly appealed collateral order[]?

Question Presented (OCR Extract)

QUESTION PRESENTED In Swint v. Chambers Cnty. Comm'n, 514 U.S. 35, 51 (1995), this Court noted in dicta that it may be appropriate for a court of appeals to exercise pendent appellate jurisdiction over an issue that is otherwise not immediately appealable under narrow circumstances where the non-appealable issue is “inextricably intertwined” with an immediately appealable collateral order or where review of the former is “necessary to ensure meaningful review” of the latter. The question presented is: May a court of appeals exercise pendent appellate jurisdiction to consider an issue, such as standing, that “significantly overlaps” with an immediately appealable collateral order, such as state sovereign immunity under the Eleventh Amendment, but is not “essential to the resolution of [a] properly appealed collateral order[]”?

Docket Entries

2023-05-15
Petition DENIED.
2023-04-19
DISTRIBUTED for Conference of 5/11/2023.
2023-04-17
Waiver of right of respondent Lamar A. Davis, Superintendent, Louisiana State Police to respond filed.
2023-04-06

Attorneys

Lamar A. Davis, Superintendent, Louisiana State Police
Dennis Joseph PhayerBurglass & Tankersley, LLC, Respondent
Remingtyn Williams, et al.
Jared Mitchell GerberCleary Gottlieb Steen & Hamilton, LLP, Petitioner