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Monday, December 16, 2019 8:23:50 PM
Is there a deadline for parties to file an appeal on the motion to dismiss ruling in the CFC?
Yes.
If so, what is the deadline?
Since a final decision at trial has not been entered, any appeal made by the parties now would be an interlocutory appeal that must be first certified by Chief Judge Sweeney under 28 U.S.C. § 1292(d)(2). See: https://www.law.cornell.edu/uscode/text/28/1292
After the US Court of Federal Claims provides a certification order for a potential appellant, the appealing party has ten days after the certification order to petition the US Court of Appeals for the Federal Circuit.
If a final judgment has been entered in the US Court of Federal Claims, the deadline to petition the US Court of Appeals for the Federal Circuit is 60 days. See: CAFC Rules - http://www.cafc.uscourts.gov/sites/default/files/rules-of-practice/FederalCircuitRulesofPractice-December2019.pdf
or the US Court of Federal Claims Rule:
Rule 32. Notice of Appeal
To appeal a decision of the Court of Federal Claims, a party must file a petition pursuant to 42 U.S.C. § 300aa-12(f) with the clerk of the United States Court of Appeals for the Federal Circuit within 60 days after the date of the entry of judgment. See: https://www.uscfc.uscourts.gov/sites/default/files/CFC%20Rules%2007.10.2019_1.pdf
Yes.
If so, what is the deadline?
Since a final decision at trial has not been entered, any appeal made by the parties now would be an interlocutory appeal that must be first certified by Chief Judge Sweeney under 28 U.S.C. § 1292(d)(2). See: https://www.law.cornell.edu/uscode/text/28/1292
After the US Court of Federal Claims provides a certification order for a potential appellant, the appealing party has ten days after the certification order to petition the US Court of Appeals for the Federal Circuit.
If a final judgment has been entered in the US Court of Federal Claims, the deadline to petition the US Court of Appeals for the Federal Circuit is 60 days. See: CAFC Rules - http://www.cafc.uscourts.gov/sites/default/files/rules-of-practice/FederalCircuitRulesofPractice-December2019.pdf
or the US Court of Federal Claims Rule:
Rule 32. Notice of Appeal
To appeal a decision of the Court of Federal Claims, a party must file a petition pursuant to 42 U.S.C. § 300aa-12(f) with the clerk of the United States Court of Appeals for the Federal Circuit within 60 days after the date of the entry of judgment. See: https://www.uscfc.uscourts.gov/sites/default/files/CFC%20Rules%2007.10.2019_1.pdf
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