28 U.S.C. § 1292 : US Code - Section 1292: Interlocutory decisions

Search 28 U.S.C. § 1292 : US Code - Section 1292: Interlocutory decisions

(a) Except as provided in subsections (c) and (d) of this
section, the courts of appeals shall have jurisdiction of appeals
from:
(1) Interlocutory orders of the district courts of the United
States, the United States District Court for the District of the
Canal Zone, the District Court of Guam, and the District Court of
the Virgin Islands, or of the judges thereof, granting,
continuing, modifying, refusing or dissolving injunctions, or
refusing to dissolve or modify injunctions, except where a direct
review may be had in the Supreme Court;
(2) Interlocutory orders appointing receivers, or refusing
orders to wind up receiverships or to take steps to accomplish
the purposes thereof, such as directing sales or other disposals
of property;
(3) Interlocutory decrees of such district courts or the judges
thereof determining the rights and liabilities of the parties to
admiralty cases in which appeals from final decrees are allowed.
(b) When a district judge, in making in a civil action an order
not otherwise appealable under this section, shall be of the
opinion that such order involves a controlling question of law as
to which there is substantial ground for difference of opinion and
that an immediate appeal from the order may materially advance the
ultimate termination of the litigation, he shall so state in
writing in such order. The Court of Appeals which would have
jurisdiction of an appeal of such action may thereupon, in its
discretion, permit an appeal to be taken from such order, if
application is made to it within ten days after the entry of the
order: Provided, however, That application for an appeal hereunder
shall not stay proceedings in the district court unless the
district judge or the Court of Appeals or a judge thereof shall so
order.
(c) The United States Court of Appeals for the Federal Circuit
shall have exclusive jurisdiction -
(1) of an appeal from an interlocutory order or decree
described in subsection (a) or (b) of this section in any case
over which the court would have jurisdiction of an appeal under
section 1295 of this title; and
(2) of an appeal from a judgment in a civil action for patent
infringement which would otherwise be appealable to the United
States Court of Appeals for the Federal Circuit and is final
except for an accounting.
(d)(1) When the chief judge of the Court of International Trade
issues an order under the provisions of section 256(b) of this
title, or when any judge of the Court of International Trade, in
issuing any other interlocutory order, includes in the order a
statement that a controlling question of law is involved with
respect to which there is a substantial ground for difference of
opinion and that an immediate appeal from that order may materially
advance the ultimate termination of the litigation, the United
States Court of Appeals for the Federal Circuit may, in its
discretion, permit an appeal to be taken from such order, if
application is made to that Court within ten days after the entry
of such order.
(2) When the chief judge of the United States Court of Federal
Claims issues an order under section 798(b) of this title, or when
any judge of the United States Court of Federal Claims, in issuing
an interlocutory order, includes in the order a statement that a
controlling question of law is involved with respect to which there
is a substantial ground for difference of opinion and that an
immediate appeal from that order may materially advance the
ultimate termination of the litigation, the United States Court of
Appeals for the Federal Circuit may, in its discretion, permit an
appeal to be taken from such order, if application is made to that
Court within ten days after the entry of such order.
(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.
(4)(A) The United States Court of Appeals for the Federal Circuit
shall have exclusive jurisdiction of an appeal from an
interlocutory order of a district court of the United States, the
District Court of Guam, the District Court of the Virgin Islands,
or the District Court for the Northern Mariana Islands, granting or
denying, in whole or in part, a motion to transfer an action to the
United States Court of Federal Claims under section 1631 of this
title.
(B) When a motion to transfer an action to the Court of Federal
Claims is filed in a district court, no further proceedings shall
be taken in the district court until 60 days after the court has
ruled upon the motion. If an appeal is taken from the district
court's grant or denial of the motion, proceedings shall be further
stayed until the appeal has been decided by the Court of Appeals
for the Federal Circuit. The stay of proceedings in the district
court shall not bar the granting of preliminary or injunctive
relief, where appropriate and where expedition is reasonably
necessary. However, during the period in which proceedings are
stayed as provided in this subparagraph, no transfer to the Court
of Federal Claims pursuant to the motion shall be carried out.
(e) The Supreme Court may prescribe rules, in accordance with
section 2072 of this title, to provide for an appeal of an
interlocutory decision to the courts of appeals that is not
otherwise provided for under subsection (a), (b), (c), or (d).