Marino v. Ortiz, 484 U.S. 301 (1988). · Go Syfert
Marino v. Ortiz, 484 U.S. 301 (1988). Cases Citing This Book View Copy Cite
1,023 citation events (627 in the last 25 years) across 59 distinct courts.
Strongest positive: In re Flint Water Cases (mied, 2025-10-24) · Strongest negative: New Jersey Dept. Environmental v. American Thermoplastics Corp (ca3, 2020-09-08)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" New Jersey Dept. Environmental v. American Thermoplastics Corp
3rd Cir. · 2020 · signal: but cf. · confidence high
Ass’n v. Hotel Rittenhouse Assocs., 800 F.2d 339 , 341 n.2 (3d Cir. 1986); Devlin v. Scardelletti, 536 U.S. 1 , 6–7 (2002) (holding that unnamed class members who file a timely objection do not need to intervene to appeal); but cf. Marino v. Ortiz, 484 U.S. 301, 304 (1988) (determining that a group testifying before the district court, but did not intervene, cannot appeal). 3 At oral argument, Carter Day also argued that even if Compaction’s appeal is successful, it is impossible for Compaction to recover at least $11 million from Carter Day in order to permit the Government to recover a…
examined Cited "but see" Croyden Associates v. Alleco (3×)
8th Cir. · 1992 · signal: but see · confidence high
See also Baylor v. United States Dep't of Housing & Urban Dev., 913 F.2d 223, 225 (5th Cir.1990); But see Kincade v. General Tire & Rubber Co., 635 F.2d 501, 504 (5th Cir.1981) (unnamed class member who objected to settlement appealed consent decree without opposition on basis of standing). 18 Guthrie found support for its holding in Marino v. Ortiz, 484 U.S. 301 , 108 S.Ct. 586 , 98 L.Ed.2d 629 (1988), in which a consent decree approving the settlement of a Title VII lawsuit was challenged by individuals who were not parties to the underlying litigation.
discussed Cited as authority (verbatim quote) In re Flint Water Cases (2×) also: Cited "see"
E.D. Mich. · 2025 · quote attribution · 1 verbatim quote · confidence high
generally, non- parties cannot appeal from an order of the district court, unless they have first sought leave to intervene as party.
discussed Cited as authority (verbatim quote) Dynamite Marketing, Inc. v. the Wowline, Inc. (2×) also: Cited as authority (rule)
Fed. Cir. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
he better practice is for . . . a nonparty to seek intervention for purposes of appeal; deni- als of such motions are, of course, appealable.
discussed Cited as authority (verbatim quote) Ryan v. Branko PRPA MD LLC
E.D. Wis. · 2022 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
the rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well-settled.
discussed Cited as authority (verbatim quote) Michael Shakman v. International Brotherhood
7th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
the rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.
discussed Cited as authority (verbatim quote) Michael Shakman v. International Brotherhood
7th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
the rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.
discussed Cited as authority (verbatim quote) United States v. Real Property Located at 3347
10th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence high
the rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.
discussed Cited as authority (verbatim quote) Regional Convention and Sports Complex Authority, Plaintiff/Respondent v. City of St. Louis, Defendant/Respondent, and Jeanette Oxford, Proposed Intervenors/Appellants.
Mo. Ct. App. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
the rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.
discussed Cited as authority (verbatim quote) In re Application of Beach Properties, Inc. d/b/a Basin Harbor Club, for a Certificate of Public Good for an Interconnected Group Net-Metered Photovoltaic Electric Power System
Vt. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
the rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.
discussed Cited as authority (verbatim quote) In re Application of Beach Properties, Inc.
Vt. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
the rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.
examined Cited as authority (verbatim quote) Serrania v. LPH, Inc. (2×) also: Cited as authority (quoted)
Mont. · 2015 · quote attribution · 2 verbatim quotes · confidence high
the rule that only parties to a lawsuit ... may appeal an adverse judgment is well settled.
examined Cited as authority (verbatim quote) Richard Lindsey v. Fayette County Board of Commissioners (4×) also: Cited as authority (quoted)
11th Cir. · 2013 · signal: see · quote attribution · 4 verbatim quotes · confidence high
only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment
discussed Cited as authority (verbatim quote) in the Estate of Linda J. Velvin
Tex. App. · 2013 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.
examined Cited as authority (verbatim quote) Defenders of Wildlife v. Lisa Jackson (3×) also: Cited as authority (quoted), Cited as authority (rule)
D.C. Cir. · 2013 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
e hold that because petitioners were not parties to the underlying lawsuit, and because they failed to intervene for purposes of appeal, they may not appeal from the consent decree approving that lawsuit's settlement . . . .
discussed Cited as authority (verbatim quote) Fidel v. Farley
6th Cir. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
the rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.
discussed Cited as authority (verbatim quote) Daniels, John v. Bursey, Wayne
7th Cir. · 2005 · quote attribution · 1 verbatim quote · confidence high
he rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.
examined Cited as authority (verbatim quote) Devlin v. Scardelletti (6×) also: Cited as authority (rule)
SCOTUS · 2002 · signal: see · quote attribution · 2 verbatim quotes · confidence high
uch motions are, of course, appealable
discussed Cited as authority (verbatim quote) James Henderson v. Gen. American Life (2×) also: Cited "see"
8th Cir. · 2001 · signal: see · quote attribution · 1 verbatim quote · confidence high
the rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.
discussed Cited as authority (verbatim quote) Castillo v. Cameron County, TX
5th Cir. · 2001 · signal: see · quote attribution · 1 verbatim quote · confidence high
the rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well-settled.
examined Cited as authority (quoted) Lauren Houston v. Country Club, Inc. (3×)
11th Cir. · 2018 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.
examined Cited as authority (quoted) In re Petition of GMPSolar-Richmond, LLC (Allco Renewable Energy Limited, Appellant) (3×)
Vt. · 2017 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
the rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.
examined Cited as authority (quoted) LaBast v. Lockheed Martin Corp. (3×) also: Cited "see"
visuper · 2017 · signal: accord · quote attribution · 2 verbatim quotes · confidence high
a nonparty is not entitled to ask for relief on a defendant's behalf; only the parties may file motions or otherwise seek a ruling from a court.
discussed Cited as authority (quoted) United States v. 1308 Selby Lane
6th Cir. · 2017 · quote attribution · 1 verbatim quote · confidence low
generally, non-parties cannot appeal from an order of the district court, unless they have first sought leave to intervene as a party.
examined Cited as authority (quoted) Facebook, Inc. v. Pacific Northwest Software, Inc. (3×)
9th Cir. · 2011 · signal: see · quote attribution · 3 verbatim quotes · confidence high
hose properly become parties may appeal an adverse judgment....
examined Cited as authority (quoted) Facebook, Inc. v. Pacific Northwest Software, Inc. (3×)
9th Cir. · 2011 · signal: see · quote attribution · 3 verbatim quotes · confidence high
hose properly become parties may appeal an adverse judgment....
examined Cited as authority (quoted) Goodearth Maritime Ltd. v. Calder Seacarrier Corp. (3×)
2d Cir. · 2010 · quote attribution · 3 verbatim quotes · confidence low
the rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.
examined Cited as authority (quoted) York v. Federal Bureau of Prisons (3×)
10th Cir. · 2010 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment is well-settled.
examined Cited as authority (quoted) Fidel v. Farley (3×)
6th Cir. · 2008 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.
examined Cited as authority (quoted) DRYWALL TAPERS AND POINTERS OF GREATER NEW YORK, LOCAL UNION 1974 OF v. NASTASI & ASSOCIATES INC. (5×) also: Cited "see"
2d Cir. · 2007 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.
examined Cited as authority (quoted) Drywall Tapers & Pointers of Greater New York, Local Union 1974 of I.U.P.A.T., AFL-CIO v. Nastasi & Associates Inc. (5×) also: Cited "see"
2d Cir. · 2007 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.
examined Cited as authority (quoted) Hutchinson v. Pfeil (3×)
10th Cir. · 2007 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.
examined Cited as authority (quoted) Official Committee of Unsecured Creditors of WorldCom, Inc. v. Securities & Exchange Commission (3×)
2d Cir. · 2006 · quote attribution · 3 verbatim quotes · confidence low
hispanic society
examined Cited as authority (quoted) Gaskin Ex Rel. Gaskin v. Pennsylvania (3×)
3rd Cir. · 2006 · quote attribution · 3 verbatim quotes · confidence low
we hold that because petitioners were not parties to the underlying lawsuit, and because they failed to intervene for purposes of appeal, they may not appeal from the consent decree approving that lawsuit's settlement
examined Cited as authority (quoted) Daniels v. Bursey (3×)
7th Cir. · 2006 · quote attribution · 3 verbatim quotes · confidence low
he rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.
examined Cited as authority (quoted) Daniels v. Bursey (3×)
7th Cir. · 2005 · quote attribution · 3 verbatim quotes · confidence low
he rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.
examined Cited as authority (quoted) Saldano v. Dretke (3×)
5th Cir. · 2004 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.
examined Cited as authority (quoted) Saldano v. Roach (3×)
5th Cir. · 2004 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.
examined Cited as authority (quoted) Castillo v. Cameron County (3×)
SCOTUS · 2001 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well-settled.
cited Cited as authority (rule) United States v. Capps
10th Cir. · 2026 · confidence medium
Marino v. Ortiz, 484 U.S. 301, 304 (1988).
cited Cited as authority (rule) Bria Ratcliff, as Power of Attorney for Frances St. Amand v. EKRE of TX, LLC
S.D. Tex. · 2026 · confidence medium
It is a well-settled “rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment . . . .” Marino v. Ortiz, 484 U.S. 301, 304 (1988) (per curiam).
cited Cited as authority (rule) Arnold v. Barbers Hill Indep Sch Dist
5th Cir. · 2025 · confidence medium
Lewis v. Crochet, 105 F.4th 272, 281 (5th Cir. 2024) (quoting Marino v. Ortiz, 484 U.S. 301, 304 (1988) (per curiam)).
discussed Cited as authority (rule) Interstate Fire & Casualty Company and National Surety Corporation v. The Roman Catholic Bishop of Sacramento
E.D. Cal. · 2025 · confidence medium
Equitable Considerations 4 In light of equitable issues raised during oral 5 argument, the court makes two further observations which counsel 6 in favor of finding standing. 7 First, under conventional principles of appellate 8 procedure, it is “well settled” that “only parties to a lawsuit, 9 or those that properly become parties, may appeal an adverse 10 judgment.” Marino v. Ortiz, 484 U.S. 301, 304 (1988) (citing 11 U.S. ex rel.
cited Cited as authority (rule) Columbia Legal Services v. Stemilt Ag Services, LLC
9th Cir. · 2025 · confidence medium
The rule is based on the general premise that “only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment.” Marino v. Ortiz, 484 U.S. 301, 304 (1988).
cited Cited as authority (rule) NRC v. Texas
SCOTUS · 2025 · confidence medium
And “only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment.” Marino v. Ortiz, 484 U. S. 301, 304 (1988) (per curiam).
discussed Cited as authority (rule) Earthgrains Baking Companies v. Sycamore Family Bakery
10th Cir. · 2025 · confidence medium
Jurisdiction over the Nonparties’ Appeal Having found that the LLC has standing, we next address whether we have jurisdiction over the LLC’s appeal even though it was not a party in the district court. 6 Generally, “only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment[.]” Marino v. Ortiz, 484 U.S. 301, 304 (1988) (per curiam).
cited Cited as authority (rule) Onyems v. Navy
Fed. Cir. · 2025 · confidence medium
Additionally, “[t]he rule that only parties to a lawsuit, or those that properly become parties, may appeal an ad- verse judgment, is well settled.” Marino v. Ortiz, 484 U.S. 301, 304 (1988).
cited Cited as authority (rule) Federal Agricultural Mortgage Corporation v. Assemi Brothers, LLC
E.D. Cal. · 2025 · confidence medium
Eisenstein v. City of New York, New York, 556 U.S. 928, 933 (2009) (citing Marino v. 18 Ortiz, 484 U.S. 301, 304 (1988)).
Retrieving the full opinion text from the archive…
MARINO Et Al.
v.
ORTIZ Et Al.
86-1415.
Supreme Court of the United States.
Feb 22, 1988.
484 U.S. 301
Ronald Podolsky argued the cause and filed briefs for petitioners., Glen D. Nager argued the cause pro hac vice for the United States as amicus curiae. With him on the brief were Solicitor General Fried, Assistant Attorney General Reynolds, Deputy Solicitor General Ayer, Deputy Assistant Attorney General Clegg, David K. Flynn, and Dennis J. Dimsey., Leonard J. Koerner argued the cause for respondents and filed a brief for respondent New Y ork City. With him on the brief were Peter L. Zimroth and Elizabeth Dvorkin. Robert David Goodstein and Eileen West filed a brief for respondent Guardians Association of the Police Department of the City of New York, Inc. Kenneth Kimerling filed a brief for respondents Hispanic Society et al. Richard K. Walker filed a brief for respondent Sergeants Benevolent Association of the City of New York.†
Per Curiam.
Cited by 356 opinions  |  Published
12 passages pin-cited by 22 cases
Pinpoint authority: #2,286 of 633,719
Citer courts: Second Circuit (12) · Tenth Circuit (6) · Eleventh Circuit (6) · Fifth Circuit (6) · Seventh Circuit (6) · Ninth Circuit (6) · Sixth Circuit (4)
Per Curiam.

Petitioners seek to challenge a consent decree approving an agreement settling a Title VII lawsuit against the City of New York. After the results of a police sergeant’s examination revealed that blacks and Hispanics had passed the examination at disproportionately low rates, groups representing these minority members of the New York City Police Department sued the Department under Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42[*303] U. S. C. § 2000e et seq. Three other groups were permitted to intervene as codefendants: “the Sergeants Benevolent Association (‘SBA’), representing over 500 officers on the eligible list who had obtained provisional appointments as sergeants; the Sergeants Eligibles Association (‘SEA’), representing officers who were on the eligible list but had not received provisional appointments; and various white ethnic societies and other individual officers (the ‘Schneider Intervenors’).” Hispanic Society of New York City Police Dept. v. New York City Police Dept., 806 F. 2d 1147, 1151 (CA2 1986) (Costello case below). The parties reached settlement, which was first approved by the District Court on an interim basis, and finally, after a hearing, by consent decree. The settlement provided that black and Hispanic candidates who had failed to make the eligible list would be promoted until the racial/ethnic composition of the new sergeants was approximately the same as the racial/ethnic composition of the group of candidates taking the test. The SBA and the SEA signed the agreement; the Schneider Intervenors, although opposing the settlement, chose not to appeal.

Petitioners are a group of white police officers who claim that they were not placed on the eligible list even though they had scored at least as high on the examination as the lowest scoring minority officer promoted under the interim order. Although they presented their objections to the District Court at the hearing, they chose not to move to intervene pursuant to Federal Rule of Civil Procedure 24, either initially as codefendants or later to replace the Schneider Intervenors for purposes of appeal. See United Airlines, Inc. v. McDonald, 432 U. S. 385, 395 (1977). Instead, they filed suit during the period between the interim approval of the settlement and the final consent decree, claiming a violation of their Fourteenth Amendment equal protection rights. In 806 F. 2d 1144 (CA2 1986) (Marino case below), the Court of Appeals affirmed the District Court’s dismissal of petitioners’ suit, deeming it an impermissible collateral attack on a con[*304] sent decree by persons who could have intervened in the underlying litigation. Petitioners also attempted to appeal from the consent decree. In Costello, the Court of Appeals dismissed the appeal because petitioners were not parties to the litigation giving rise to the consent decree. 806 F. 2d 1147 (CA2 1986). We granted certiorari to consider these judgments, 481 U. S. 1047 (1987).

As to the issue raised in Marino, namely, whether a district court may dismiss as an impermissible collateral attack a lawsuit challenging a consent decree by nonparties to the underlying litigation, we are equally divided, and therefore affirm the judgment of the Court of Appeals. As to the issue raised in Costello, we hold that because petitioners were not parties to the underlying lawsuit, and because they failed to intervene for purposes of appeal, they may not appeal from the consent decree approving that lawsuit’s settlement; therefore, we affirm the judgment of the Court of Appeals. The rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled. See, e. g., United States ex rel. Louisiana v. Jack, 244 U. S. 397, 402 (1917); Fed. Rule App. Proc. 3(c) (“The notice of appeal shall specify the party or parties taking the appeal”). The Court of Appeals suggested that there may be exceptions to this general rule, primarily “when the nonparty has an interest that is affected by the trial court’s judgment.” 806 F. 2d, at 1152. We think the better practice is for such a nonparty to seek intervention for purposes of appeal; denials of such motions are, of course, appealable. See United Airlines, Inc., supra.

Accordingly, the judgments of the Court of Appeals are

Affirmed.