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15 U.S.C. § 29Appeals

submitted 123 years ago by ch. 544 to r/title-15-COMMERCE-AND-TRADE · 369 words · no verdicts yet

in plain englishAI-generated · not legal advice

In antitrust cases the United States brings seeking equitable relief, appeals from final judgments and certain interlocutory orders go to the court of appeals, and from there to the Supreme Court by certiorari. In special cases, a district judge can allow a direct appeal straight to the Supreme Court if it's a matter of general public importance.

(a) Court of appeals; review by Supreme Court Except as this section otherwise expressly provides, in every civil case the United States brings under the Sherman Antitrust Act (approved July 2, 1890) or any similar law, seeking equitable relief, an appeal from a final judgment goes to the court of appeals, under sections 1291 and 2107 of title 28. An appeal from an interlocutory order (a ruling made before the case ends) also goes to the court of appeals, under sections 1292(a)(1) and 2107 of title 28 — but only in that way, not any other. Any judgment the court of appeals enters in such a case may then be reviewed by the Supreme Court, on a writ of certiorari, under section 1254(1) of title 28. (b) Direct appeals to Supreme Court An appeal from a final judgment under (a) may go directly to the Supreme Court, if a party applies within 15 days of filing the notice of appeal, and the district judge who decided the case enters an order stating that immediate Supreme Court consideration is of general public importance in the administration of justice. That order must be filed within 30 days after the notice of appeal is filed. Once filed, the appeal (and any cross-appeal) is docketed the way Supreme Court rules prescribe. The Supreme Court then either: (1) disposes of the appeal and any cross-appeal the same way it would any other direct appeal, or (2) at its discretion, denies the direct appeal and remands (sends back) the case to the court of appeals, which then has jurisdiction to hear it as if it had been docketed there in the first place under subsection (a).
the actual law source: uscode.house.gov ↗public domain
(a) Court of appeals; review by Supreme Court

Except as otherwise expressly provided by this section, in every civil action brought in any district court of the United States under the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies”, approved July 2, 1890, or any other Acts having like purpose that have been or hereafter may be enacted, in which the United States is the complainant and equitable relief is sought, any appeal from a final judgement entered in any such action shall be taken to the court of appeals pursuant to sections 1291 and 2107 of title 28. Any appeal from an interlocutory order entered in any such action shall be taken to the court of appeals pursuant to sections 1292(a)(1) and 2107 of title 28 but not otherwise. Any judgment entered by the court of appeals in any such action shall be subject to review by the Supreme Court upon a writ of certiorari as provided in section 1254(1) of title 28.

(b) Direct appeals to Supreme Court

An appeal from a final judgment pursuant to subsection (a) shall lie directly to the Supreme Court, if, upon application of a party filed within fifteen days of the filing of a notice of appeal, the district judge who adjudicated the case enters an order stating that immediate consideration of the appeal by the Supreme Court is of general public importance in the administration of justice. Such order shall be filed within thirty days after the filing of a notice of appeal. When such an order is filed, the appeal and any cross appeal shall be docketed in the time and manner prescribed by the rules of the Supreme Court. The Supreme Court shall thereupon either (1) dispose of the appeal and any cross appeal in the same manner as any other direct appeal authorized by law, or (2) in its discretion, deny the direct appeal and remand the case to the court of appeals, which shall then have jurisdiction to hear and determine the same as if the appeal and any cross appeal therein had been docketed in the court of appeals in the first instance pursuant to subsection (a).

Source credit: (Feb. 11, 1903, ch. 544, § 2, 32 Stat. 823; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; June 9, 1944, ch. 239, 58 Stat. 272; June 25, 1948, ch. 646, § 17, 62 Stat. 989; Pub. L. 93–528, § 5, Dec. 21, 1974, 88 Stat. 1709.)

history & why it existsrecord from the source credit
  • 1903Enacted · Act of Feb. 11, 1903, ch. 544 · 32 Stat. 823
  • 1911Amended · Act of Mar. 3, 1911, ch. 231 · 36 Stat. 1167
  • 1944Amended · Act of June 9, 1944, ch. 239 · 58 Stat. 272
  • 1948Amended · Act of June 25, 1948, ch. 646 · 62 Stat. 989
  • 1974Amended · Pub. L. 93-528 · 88 Stat. 1709

A history note hasn’t been published yet. The record shows enactment by ch. 544 on 1903-02-11.

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