Deborah A. KERSHAW, Plaintiff-Appellant, v. Donna E. SHALALA Secretary, U.S. Department of Health and Human Services, Defendant-Appellee

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• ruling that the Court of Appeals was “without jurisdiction to entertain [an] appeal because the [district court’s stay] order [was] interlocutory and [was] not within a recognized exception.”
• reasoning that delayed recovery of fees under the Equal Access to Justice Act is not a sufficient harm for collateral order doctrine purposes
• noting that the Court’s exercise of jurisdiction in a prior decision did not “constitute a binding precedent . . . because the jurisdictional issue was neither raised by the parties nor addressed by the Court”
• acknowledging holding in Moses that limits use of exception to situations when the stay requires all or essentially all of the suit to be litigated in state court
• “An order staying judicial proceedings is ordinarily not considered final and is hence not appealable.”
• “[T]he jurisdictional issue was neither raised by the parties nor addressed by the Court.”

Source: CourtListener parenthetical corpus (CC0).