PRIA, Government Policy, Made Personal

Summary

When the United States brings a civil antitrust case under the law approved July 2, 1890, and asks for equitable relief, appeals from final judgments must go to the court of appeals under 28 U.S.C. §§1291 and 2107. Appeals from orders made before the final judgment go to the court of appeals only under 28 U.S.C. §§1292(a)(1) and 2107. A court of appeals decision in these cases can be reviewed by the Supreme Court by writ of certiorari under 28 U.S.C. §1254(1). A party can ask to go straight to the Supreme Court from a final judgment. To do that, they must apply within fifteen days after filing a notice of appeal, and the district judge must issue an order within thirty days saying the case is of general public importance. If that order is filed, the appeal and any cross‑appeal are placed on the Supreme Court’s docket. The Supreme Court will either decide the case itself or deny the direct appeal and send the case back to the court of appeals to be handled as if it had been filed there under subsection (a).

Title 15, §29

Commerce and Trade, Source: USLM XML via OLRC

(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 section 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 section 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).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies”, approved July 2, 1890, referred to in subsec. (a), is known as the Sherman Act, and is classified to sections 1 to 7 of this title. Codification Section was previously set out in both this section and in section 45 of former Title 49, Transportation.

Amendments

1974—Pub. L. 93–528 substituted provisions for appeals to the court of appeals from civil actions in district courts where equitable relief is sought, review by the Supreme Court of judgments of courts of appeals, and for direct appeals to the Supreme Court of cases involving general public importance, for provisions that appeals from final judgments of district courts lie to the Supreme Court only. 1948—Act

June 25, 1948, amended section generally to strike out provisions relating to time for appeal, procedure, etc. See section 2101 and 2109 of Title 28, Judiciary and Judicial Procedure. 1944—Act

June 9, 1944, provided for certification of case to circuit court of appeals when there was no quorum of Justices of the Supreme Court qualified to participate in the consideration of the case and for designation of circuit judges in the event of disqualification from hearing the case.

Statutory Notes and Related Subsidiaries

Change of Name

Act Mar. 3, 1911, which transferred the powers and duties of the circuit courts to the district courts, substituted “district court” for “circuit court”.

Effective Date

of 1974 Amendment Pub. L. 93–528, § 7, Dec. 21, 1974, 88 Stat. 1710, provided that: “The amendment made by section 5 of this Act [amending this section] shall not apply to an action in which a notice of appeal to the Supreme Court has been filed on or before the fifteenth day following the date of enactment of this Act [Dec. 21, 1974]. Appeal in any such action shall be taken pursuant to the provisions of section 2 of the Act of February 11, 1903 (32 Stat. 823), as amended (15 U.S.C. 29; [former] 49 U.S.C. 45) which were in effect on the day preceding the date of enactment of this Act.”

Effective Date

of 1948 Amendment section 38 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948.

Effective Date

of 1944 AmendmentAct

June 9, 1944, ch. 239, 58 Stat. 272, provided in part: “This Act [this section] shall apply to every case pending before the Supreme Court of the United States on the date of its enactment [

June 9, 1944].”

Short Title

Act Feb. 11, 1903, which enacted section 28 and 29 of this title, is commonly known as the “Expediting Act”.

§29 Appeals

Summary

Title 15, §29

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

Effective Date

Effective Date

Short Title

Citations & Metadata