Block on Trump's Asylum Ban Upheld by Supreme Court
Dismissal of Appeal from Order Withdrawing Approval of Settlement
In McClendon v. Albuquerque, No. 09-2095, defendants' appeal from the district court's order withdrawing approval of a settlement in a class action lawsuit concerning conditions inside Albuquerque's jails, the court dismissed the appeal where an order withdrawing approval of a class action settlement agreement does not qualify as a "final decision" subject to appeal under 28 U.S.C. section 1291.
As the court wrote: "This is the latest installment in a long running class action lawsuit about conditions inside Albuquerque's jails. In this iteration of the case, we must answer only a single question: Does an order withdrawing approval of a class action settlement agreement qualify as a "final decision" subject to appeal under 28 U.S.C. § 1291? The answer is no. Like an order granting a new trial under Fed.R.Civ.P. 59, or an order granting relief from a judgment under Fed.R.Civ.P. 60(b), an order unraveling a class action settlement agreement is anything but a "final decision.""
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Sign into your Legal Forms and Services account to manage your estate planning documents.Sign In
Create an account allows to take advantage of these benefits: