Articles Posted in US Court of Appeals for the Tenth Circuit

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Two years after the district court denied class certification, the parties settled the individual claims. After settling, the parties jointly asked the court to enter a stipulated judgment dismissing with prejudice the Trusts’ individual claims, and the court did so. In the judgment, the Trusts reserved any right they may have to appeal the district court’s class-certification denial. The Trusts now appealed that denial, contending that the class-certification order merged with the stipulated judgment dismissing their individual claims, resulting in a final, appealable order under 28 U.S.C. 1291. Relying on Microsoft Corp. v. Baker, 137 S. Ct. 1702 (2017), the Tenth Circuit held that it lacked statutory appellate jurisdiction to review the district court’s order denying class certification. "Voluntarily dismissing the Trusts’ individual claims with prejudice after settling them doesn’t convert the class-certification denial—an inherently interlocutory order—into a final decision under 28 U.S.C. 1291." The Court dismissed this appeal. View "Anderson Living Trust v. WPX Energy Production" on Justia Law

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The first appeal in this case involved claims by the estate of Vera Cummings (the Estate) against Community Health Systems, Inc. (CHSI) under New Mexico state law, against the United States under the Federal Tort Claims Act (FTCA), and against Mountain View Regional Medical Center (Mountain View) under state law. The Tenth Circuit Court of Appeals disposed of the appeal by: (1) entering an order approving the stipulated dismissal with prejudice of the appeal of the district court’s dismissal for lack of personal jurisdiction of the claims against CHSI; (2) affirming the district court’s dismissal of the claims under the FTCA for lack of subject-matter jurisdiction; and (3) directing the district court to vacate its judgment in favor of Mountain View and to remand the claims against Mountain View (but not the claims against CHSI) to state court for lack of subject-matter jurisdiction. On remand to the district court, however, it went beyond the Tenth Circuit’s mandate by vacating its dismissal of the claims against CHSI and remanding those claims to state court. CHSI appealed. The Tenth Circuit reversed the order vacating the dismissal of the claims against CHSI and remanded those claims to state court. The Tenth Circuit also rejected the Estate’s motion to dismiss this appeal for lack of jurisdiction. View "Estate of Vera Cummings v. Community Health Systems" on Justia Law

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The first appeal in this case involved claims by the estate of Vera Cummings (the Estate) against Community Health Systems, Inc. (CHSI) under New Mexico state law, against the United States under the Federal Tort Claims Act (FTCA), and against Mountain View Regional Medical Center (Mountain View) under state law. The Tenth Circuit Court of Appeals disposed of the appeal by: (1) entering an order approving the stipulated dismissal with prejudice of the appeal of the district court’s dismissal for lack of personal jurisdiction of the claims against CHSI; (2) affirming the district court’s dismissal of the claims under the FTCA for lack of subject-matter jurisdiction; and (3) directing the district court to vacate its judgment in favor of Mountain View and to remand the claims against Mountain View (but not the claims against CHSI) to state court for lack of subject-matter jurisdiction. On remand to the district court, however, it went beyond the Tenth Circuit’s mandate by vacating its dismissal of the claims against CHSI and remanding those claims to state court. CHSI appealed. The Tenth Circuit reversed the order vacating the dismissal of the claims against CHSI and remanded those claims to state court. The Tenth Circuit also rejected the Estate’s motion to dismiss this appeal for lack of jurisdiction. View "Estate of Vera Cummings v. Community Health Systems" on Justia Law