Section 12.7 Appealability of Grant or Denial of Injunctive Relief

• Library: App Ct Prac 2015 Supp

1. (§12.7) Appealability of Grant or Denial of Injunctive Relief

As a general rule, United States courts of appeals have jurisdiction over appeals from “[i]nterlocutory orders of the district courts of the United States . . . 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.” 28 U.S.C. § 1292(a)(1). “The exception [embodied in 28 U.S.C. § 1292(a)(1)] is a narrow one and is keyed to the ‘need to permit litigants to effectually challenge interlocutory orders of serious, perhaps irreparable, consequence.’” Gardner v. Westinghouse Broad. Co., 437 U.S. 478, 480 (1978) (quoting Baltimore Contractors, Inc. v. Bodinger, 348...