Parrish v. United States

In Parrish v. United States, the Supreme Court will address a procedural issue—with potentially serious jurisdictional consequences—regarding the timing of appeals. Typically, litigants must file a notice of appeal within 30 or 60 days of an adverse judgment under 28 U.S.C. § 2107(a)-(b). However, under 28 U.S.C. § 2107(c) and Fed. R. App. P. 4(a)(6), a district court may reopen the appeal period if the appealing party does not receive timely notice of the judgment.

Parrish arises from a split among lower courts on whether a notice of appeal, filed after the ordinary deadline but before formal reopening, remains valid once the appeal period is reopened. The Supreme Court will decide whether litigants in this situation must file a second, duplicative notice of appeal after the appeal period is reopened to preserve their appellate rights.

Laboratory Corp. of America v. Davis

Laboratory Corp. of America v. Davis concerns the requirements for certifying a class action under Federal Rule of Civil Procedure 23(b)(3). The Court will decide whether a federal court can certify a class that includes members who lack an Article III injury—meaning they have not suffered a concrete, particularized harm required for standing in federal court.

The case is placed on an expedited briefing schedule, highlighting its significance in clarifying the role of standing in class action litigation.

For more information, please contact Chantel Febus or James Azadian.