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
Latest Conference: 2023-05-11
Question Presented (from Petition)

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 (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[]?

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