Moreno v. Nizer

Moreno v. Nizer The Federal Circuit dismissed Moreno's appeal for lack of jurisdiction because a case asserting state claims, § 1983, Privacy Act, and False Claims Act claims falls outside its limited statutory review authority. It declined to transfer the appeal to the Tenth Circuit because that court had already dismissed her appeal from the same case. The order is a reminder that the Federal Circuit's appellate jurisdiction is confined to patent-law cases, USPTO review actions, and certain small claims against the United States, and that it may decline a transfer to the proper circuit when it would not serve the interest of justice. Appeal dismissed. Moreno sued Maryland state officials and employees in the District of Colorado, asserting state claims and violations of 42 U.S.C. § 1983, the Privacy Act, and the False Claims Act; the district court dismissed the complaint. She appealed to both the Federal Circuit and the Tenth Circuit, and the Federal Circuit dismissed following a show cause order. Jurisdiction held lacking: the court's review of district court appeals is generally limited to patent-law cases under 28 U.S.C. § 1295(a)(1), USPTO review actions under § 1295(a)(4)(C), and certain damages claims against the United States of $10,000 or less. This appeal falls outside those categories. Transfer to the Tenth Circuit was not in the interest of justice because that court had already dismissed her appeal from the same underlying case. Each side bears its own costs. standing / jurisdiction non-precedential standing / jurisdiction non-precedential standing / jurisdiction