Tag Archives: 1292(b)

The High Standard For Interlocutory Appeals And The Darvocet MDL

We have been watching the Darvocet multi-district litigation (MDL 2226) for some time, most notably the Sixth Circuit’s decision to dismiss 67 of 68 cases alleging misbranding by drug manufacturers.  After that decision, plaintiffs’ counsel began filing new cases in California state court.  The defendants removed the cases to federal court and then obtained a … Continue Reading

Sixth Circuit Clarifies Standard for Interlocutory Appeal Under 1292(b)

In Little v. Louisville Gas & Electric Co., decided with a companion case, the Sixth Circuit offered some pointers on discretionary interlocutory review under 28 U.S.C. 1292(b). The district court had declined to dismiss state claims as preempted but independently dismissed most of plaintiffs’ federal claims.  In certifying under 1292(b), the court certified “that portion” … Continue Reading

“Can We Appeal That Now?” – Discretionary Interlocutory Appeals at the Sixth Circuit

An often repeated question by litigants to their attorneys is whether an adverse ruling by the district court is subject to immediate appeal.  The answer to that question is, of course, highly circumstantial.  Depending on how their case is procedurally situated, in addition to the underlying substantive issues in some instances, litigants may or may … Continue Reading

Sixth Circuit Accepts Interlocutory Appeal Pursuant to 28 U.S.C. § 1292(b)

Interlocutory appeals under 28 U.S.C. § 1292(b) are granted “sparingly and only in exceptional cases.”  See e.g. In re City of Memphis, 293 F.3d 345, 350 (6th Cir. 2002).  But this month the Sixth Circuit accepted just such an appeal. In Community Trust Bancorp., Inc., v. Community Trust Financial Corporation, et al., No. 10-cv-00062.pdf, which … Continue Reading