Pandemic Darlings The pandemic economy, in original documents
Home Source documents Petition for Permission to Appeal — No. 1:23-cv-01876-RAH (Fed. Cir. No. 25-108, Dkt. 14)

Petition for Permission to Appeal — No. 1:23-cv-01876-RAH (Fed. Cir. No. 25-108, Dkt. 14)

Summary

In a nonprecedential order dated January 17, 2025, the United States Court of Appeals for the Federal Circuit (Dyk, Cunningham and Stark, Circuit Judges; order by Circuit Judge Cunningham) grants the United States' petition for permission to appeal in No. 2025-108, brought against the United States by an LLC and other plaintiffs-respondents. The petition, under 28 U.S.C. 1292(d)(2), seeks review of an order of the Court of Federal Claims (Judge Richard A. Hertling, No. 1:23-cv-01876-RAH) denying the government's motion to dismiss the respondents' complaint; the respondents opposed. The appeals court notes that it decides in its own discretion whether to permit an interlocutory appeal, and here it does. The case is transferred to the regular docket, and the United States' opening brief is due within 60 days of the order's entry.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Case: 25-108   Document: 14     Page: 1   Filed: 01/17/2025




          NOTE: This order is nonprecedential.


   United States Court of Appeals
       for the Federal Circuit
                ______________________

         112 GENESEE STREET, LLC, et al.,
               Plaintiffs-Respondents

                           v.

                  UNITED STATES,
                 Defendant-Petitioner
                ______________________

                       2025-108
                ______________________

    On Petition for Permission to Appeal pursuant to 28
U.S.C. Section 1292(d)(2) from the United States Court of
Federal Claims in No. 1:23-cv-01876-RAH, Judge Richard
A. Hertling.
                 ______________________

                    ON PETITION
                ______________________

  Before DYK, CUNNINGHAM, and STARK, Circuit Judges.
CUNNINGHAM, Circuit Judge.
                      ORDER
    Pursuant to 28 U.S.C. § 1292(d)(2), the United States
petitions for permission to appeal an order of the United
States Court of Federal Claims denying its motion to dis-
miss Respondents’ complaint. Respondents oppose.
Case: 25-108    Document: 14     Page: 2    Filed: 01/17/2025




2                              112 GENESEE STREET, LLC v. US



    Under § 1292(d)(2), the Court of Federal Claims may
certify that an order that is not otherwise immediately ap-
pealable is one involving a controlling question of law as to
which there is substantial ground for difference of opinion
and for which an immediate appeal may materially ad-
vance the ultimate termination of the litigation. Ulti-
mately, this court must exercise its own discretion in
deciding whether to grant permission to appeal an interloc-
utory order. See In re Convertible Rowing Exerciser Pat.
Litig., 903 F.2d 822, 822 (Fed. Cir. 1990). In this case, we
exercise our discretion to permit the interlocutory appeal.
    Accordingly,
    IT IS ORDERED THAT:
    The petition for permission to appeal is granted. This
case is transferred to the regular docket. The United
States’s opening brief is due within 60 days of the date of
entry of this order.
                                              FOR THE COURT




 January 17, 2025
      Date

File and source

File
14.pdf
Size
114,179 bytes
SHA-256
a69c8b0646d945e733f896c2ff22d84230ac40e62343cc1af784faa4c84a097e
Our copy
14.pdf
Original
No public link identified.
Back to top