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obiterdictum

12/16/19 11:05 PM

#583164 RE: bcde #583157

Do under interlocutory appeal, proceedings continue or stop.

Under 28 U.S.C. § 1292(d)(3), continuation of proceedings or a stay of proceeding during an interlocutory appeal depends on judicial discretion. A judge can decide to continue or stay proceedings.

28 U.S.C. § 1292(d)(3)
Neither the application for nor the granting of an appeal under this subsection shall stay proceedings in the Court of International Trade or in the Court of Federal Claims, as the case may be, unless a stay is ordered by a judge of the Court of International Trade or of the Court of Federal Claims or by the United States Court of Appeals for the Federal Circuit or a judge of that court. See: https://www.law.cornell.edu/uscode/text/28/1292