Nonparties lack standing to appeal a consent decree unless they have formally intervened in the underlying litigation.
After a consent decree was entered to settle a Title VII lawsuit regarding police sergeant examinations, a group of white officers who were not parties to the original litigation attempted to challenge the decree and appeal the judgment. The officers had failed to intervene in the underlying litigation despite having objections. The Court considers whether nonparties may appeal an adverse judgment. Applying the well-settled rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, the Court concludes that the petitioners lack standing to appeal because they failed to intervene.
At page 304 Limiting appeal rights to parties and proper intervention160 citing cases“the rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.”
- New Jersey Dept. Env't v. Am. Thermoplastics Corp, No. 18-2865 (3d Cir. Sept. 8, 2020).published (determining that a group testifying before the district court, but did not intervene, cannot appeal)
- Waid, No. 5:16-cv-10444 (E.D. Mich. Oct. 24, 2025). (Generally, nonparties cannot appeal from an order of the district court, unless they have first sought leave to intervene as party.)
- Dynamite Mktg., Inc. v. Wowline, Inc., No. 24-1523 (Fed. Cir. Sept. 12, 2025).unpublished ([T]he better practice is for . . . a nonparty to seek intervention for purposes of appeal; denials of such motions are, of course, appealable.)
- Ryan v. Branko PRPA MD LLC, 588 F. Supp. 3d 911 (E.D. Wis. 2022).published(The rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well-settled.)
- Michael Shakman v. Int'l Bhd., No. 19-2772 (7th Cir. Aug. 12, 2020).published (The rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.)
- United States v. Real Prop. Located at 3347, No. 18-6125 (10th Cir. Mar. 29, 2019).unpublished(The rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.)
- Reg'l Convention & Sports Complex Auth. v. City of St. Louis, No. ED103320 (Mo. Ct. App. Apr. 5, 2016).published(The rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.)
- In re Application of Beach Props., Inc., 2015 VT 130, 133 A.3d 854.published(The rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.)
- In re Application of Beach Props., Inc. d/b/a Basin Harbor Club, for a Certificate of Pub. Good for an Interconnected Grp. Net-Metered Photovoltaic Elec. Power Sys., 2015 VT 130.published(The rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.)
- Serrania v. LPH, Inc., 2015 MT 113, 347 P.3d 1237.published (The rule that only parties to a lawsuit ... may appeal an adverse judgment is well settled.)
Show 134 more citing cases
- Richard Lindsey v. Fayette Cnty. Bd. of Commissioners, 542 F. App'x 747 (11th Cir. 2013).unpublished (only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment)
- in the Est. of Linda J. Velvin, No. 06-13-00028-CV, 2013 Tex. App. LEXIS 12267 (Tex. App.—Texarkana Oct. 1, 2013).published(The rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.)
- Defenders of Wildlife v. Lisa Jackson, No. 12-5122 (D.C. Cir. Apr. 23, 2013).published ([T]he better practice is for such a nonparty to seek intervention for purposes of appeal . . . .)
- Fidel v. Farley, 534 F.3d 508 (6th Cir. 2008).published (The rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.)
- Daniels v. Bursey, 430 F.3d 424 (7th Cir. 2006).published ([t]he rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.)
- Devlin v. Scardelletti, 536 U.S. 1 (2002).published ([S]uch motions are, of course, appealable)
- James Henderson v. Gen. Am. Life, No. 01-1264 (8th Cir. Oct. 16, 2001).published (The rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.)
- Castillo v. Cameron Cnty., 238 F.3d 339 (5th Cir. 2001).published (The rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well-settled.)
- Jose Raul Castillo Francisco Lopez E Eloy Sanchez Jon Alan Ashcraft Gustavo Almaguer v. Cameron Cnty., Texas, - Third Party v. State of Texas George W Bush, Governor of Texas Allan B Polunsky, Member of the Bd. Texas Dep't of Crim. Just. Carole S Young, Member of the Bd. Texas Dep't of Crim. Just. John David Franz, Member of the Bd. Texas Dep't of Crim. Just. Patricia a Day, Member of the Bd. Texas Dep't of Crim. Just. William "Hank" Moody, Member of the Bd. Texas Dep't of Crim. Just. Alfred C Moran, Member of the Bd. Texas Dep't of Crim. Just. Nancy Patton, Member of the Bd. Texas Dep't of Crim. Just. a M "Mac" Stringfellow, Member of the Bd. Texas Dep't of Crim. Just. Carol S Vance, Member of the Bd. Texas Dep't of Crim. Just., - Third Party, 238 F.3d 339 (3d Cir. 2001).published(The rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well-settled.)
- Lauren Houston v. Country Club, Inc., 887 F.3d 1270 (11th Cir. 2018).published (The rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.)
- In re Petition of GMPSolar-Richmond, LLC (Allco Renewable Energy Ltd., Appellant), 2017 VT 108, 179 A.3d 1232.published (The rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.)
- Util. Water Act Grp. v. Perciasepe, 714 F.3d 1317 (D.C. Cir. 2013).published ([T]he better practice is for such a non-party to seek intervention for purposes of appeal____)
- Facebook, Inc. v. Pac. Nw. Software, Inc., 640 F.3d 1034 (9th Cir. 2011).published ([T]hose [litigants who] properly become parties[] may appeal an adverse judgment....)
- Facebook, Inc. v. Pac. Nw. Software, Inc., 640 F.3d 1034 (9th Cir. 2011).published ([T]hose [litigants who] properly become parties[] may appeal an adverse judgment....)
- Goodearth Mar. Ltd. v. Calder Seacarrier Corp., 387 F. App'x 19 (2d Cir. 2010).unpublished (The rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.)
- York v. Fed. Bureau of Prisons, 379 F. App'x 737 (10th Cir. 2010).unpublished (The rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment is well-settled.)
- Drywall Tapers & Pointers of Greater New York v. Nastasi & Assocs. Inc., 488 F.3d 88 (2d Cir. 2007).published (The rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.)
- Drywall Tapers & Pointers of Greater New York v. Nastasi & Assocs. Inc., 488 F.3d 88 (2d Cir. 2007).published (The rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.)
- Hutchinson v. Pfeil, 223 F. App'x 765 (10th Cir. 2007).unpublished (The rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.)
- Gaskin ex rel. Gaskin v. Pennsylvania, 197 F. App'x 141 (3d Cir. 2006).unpublished (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)
- Saldano v. Dretke, 363 F.3d 545 (5th Cir. 2004).published (The rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled.)
- Giffords v. FEC, No. 25-5188 (D.C. Cir. Sept. 4, 2026).published“only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment”
- United States v. Capps, No. 25-3025 (10th Cir. Feb. 19, 2026).unpublishedMarino v. Ortiz, 484 U.S. 301, 304 (1988).
- Ratcliff, No. 4:25-cv-02280 (S.D. Tex. Jan. 5, 2026).“rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment”
- Arnold v. Barbers Hill Indep Sch Dist, No. 23-20256 (5th Cir. Nov. 3, 2025).publishedLewis v. Crochet, 105 F.4th 272, 281 (5th Cir. 2024) (quoting Marino v. Ortiz, 484 U.S. 301, 304 (1988) (per curiam)).
- Interstate Fire & Cas. Co. & Nat'l Sur. Corp. v. Roman Catholic Bishop of Sacramento, No. 2:25-cv-02262 (E.D. Cal. Oct. 30, 2025).“only parties to a lawsuit, 9 or those that properly become parties, may appeal an adverse 10 judgment”
- Cecile Erwin Young v. Cook Child.'s Health Plan, No. 15-24-00114-CV (Tex. App.—15th Dist. Aug. 4, 2025).publishedCo., 184 S.W.3d 718, 723 (Tex. 2006) (orig. proceeding); Marino v. Ortiz, 484 U.S. 301, 304 (1988) (per curiam).
- Columbia Legal Servs. v. Stemilt Ag Servs., LLC, 142 F.4th 1201 (9th Cir. 2025).published“only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment”
- N.R.C. v. Texas, 605 U.S. 665 (2025).published “only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment”
- Earthgrains Baking Companies v. Sycamore Fam. Bakery, No. 24-4085 (10th Cir. June 12, 2025).unpublished“only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment[.]”
- Onyems v. Navy, No. 24-2289 (Fed. Cir. June 6, 2025).unpublished“[t]he rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled”
- SEC v. Resrc Devel Intl LLC, No. 06-11174 (5th Cir. July 21, 2008).unpublished
- United States ex rel. Eisenstein v. City of New York, 556 U.S. 928 (2009).published
- Bell Atl. Corp. v. Bolger, 2 F.3d 1304 (3d Cir. 1993).published
- Diaz v. Romer, 13 F.3d 405 (10th Cir. 1993).published
- Fed. Home Loan Mortg. Corp. v. Toles, 99 F.3d 401 (2d Cir. 1995).unpublished
- William C. Hopkins & Stephen J. Dilorenzo, Individually, as Ltd. Partners of & in the Right of Sunrise Auto Partners, L.P., as Class Representatives v. Smith Barney, Harris Upham & Co., Inc., Defendant-Cross-Appellee v. John E. Branham, Westbury Mgmt., Inc., Branham Mgmt. Corp. Ii, William S. Gray, Jr., & John Does 1-10, Anthony Panebianco, & Theodore Panebianco, the Veronica Branham Bermuda Trust, the Veronica Branham Irrevocable Trust, the Carolyn Webster Irrevocable Trust, P.J. Mgmt., Inc., & James Webster, 99 F.3d 401 (2d Cir. 1995).unpublished
- Searcy v. Philips Elec. North Am. Corp., 117 F.3d 154 (5th Cir. 1997).published
- Lawrence Crawford v. Equifax Payment Servs., Inc., 201 F.3d 877 (7th Cir. 2000).published
- Powers v. Eichen, 229 F.3d 1249 (9th Cir. 2000).published
- In Re: Integra Realty Resources, Inc. Integra - a Hotel & Restaurant Co. BHC of Denver, Inc., Debtors. Jeffrey A. Weinman, as Tr. for the Integra Unsecured Creditors' Trust v. Fid. Capital Appreciation Fund, - Ad Hoc Prot. Comm. for Show Biz Stockholders Rodney J. Axtell, Individually & as Custodian for Jonathan Axtell Mary E. Axtell Eunice H. Beck Robert R. Beck Richard H. Beck Eleanor S. Beck Michael Benenson Kerri Beneson, as Trs. Julius B. Binder, as Tr. Binders' Big Men's Store, Inc. James Bogeazis Joseph M. Cocquoyt Maurice Gardler David Gardner Martin Greenberg Leon Gredahl Robert J. Harris Michael J. Hayes Edward Herzig Rodney William Kennow Richard O. Jacobson Fern Lazar Murray Lazar Kathryn L. Ludgren Joseph Mastrangelo Charles H. Morin Herbert Nadler Rochelle Nadler Frank Nichol Barbara Nichol Robert v. Palan, Individually & as Custodian for David Barry Charles Potter Racquel-Div. of Binder's Big Men's Store Gladys Ryan Donald J. Resnick Rachnall Schlafstein Sydelle Schechter John T. Sheehy Carl Schechter Seidman & Seidman, Pc Profit Sharing Trust James R. Shapiro Leon D. Sheldahl Irving Sirota E. Thomas Spengler Hjalmar J. Sundin, as Tr. Frederick K. Watson, Jr. Ben Wong, Jr. Benjamin B. Wong Grace C. Wong Vance E. Vorhees Lawrence Zucker, & Any & All Additional Parties Who Either Have Joined or Will Join the Said Comm., - Jeffrey A. Weinman, as Tr. for the Integra Unsecured Creditors' Trust v. Fid. Capital Appreciation Fund, - Ad Hoc Prot. Comm. for Show Biz Stockholders Rodney J. Axtell, Individually & as Custodian for Jonathan Axtell Mary E. Axtell Kamal Barsoum Eunice H. Beck Robert R. Beck Richard H. Beck Eleanor S. Beck Michael Benenson Kerri Beneson, as Trs. Julius B. Binder, as Tr. Binders' Big Men's Store, Inc. James Bogeazis Joseph M. Cocquoyt Darrell H. Cooper Robert Domine Maurice Gardler David Gardner Martin Greenberg Leon Gredahl Perry Green Robert J. Harris Michael J. Hayes Edward Herzig Rodney William Kennow Fern Lazar Murray Lazar Kathryn L. Ludgren Joseph Mastrangelo Charles H. Morin Herbert Nadler Rochelle Nadler Frank Nichol Barbara Nichol Nicole Neiman Robert v. Palan, Individually & as Custodian for David Barry Charles Potter Racquel-Div. of Binder's Big Men's Store Gladys Ryan Donald J. Resnick Elsie v. Rosamen Serita Server Rachnall Schlafstein Sydelle Schechter John T. Sheehy Carl Schechter Seidman & Seidman, Pc Profit Sharing Trust James R. Shapiro Leon D. Sheldahl Irving Sirota Hjalmar J. Sundin, as Tr. Frederick K. Watson, Jr. Ben Wong, Jr. Benjamin B. Wong Grace C. Wong Vance E. Vorhees Jerome Younger Marcella Youner Lawrence Zucker, - Jeffrey A. Weinman, as Tr. for the Integra Unsecured Creditors' Trust v. Fid. Capital Appreciation Fund, - Ad Hoc Prot. Comm. for Show Biz Stockholders Eugene Shine & Edward C. Cafmeyer, - Jeffrey A. Weinman, as Tr. for the Integra Unsecured Creditors' Trust v. John E. Anderson Jane Anderson, - Jeffrey A. Weinman, as Tr. for the Integra Unsecured Creditors' Trust v. Vanguard Grp., Inc., - Fid. Capital Appreciation Fund, Intervenor. Jeffrey A. Weinman, as Tr. for the Integra Unsecured Creditors' Trust v. Russell Hawley Gerald Buckman Robert Frankiewicz Bernard Neuman, Custodian for Jordan Abba Neuman Utma Il Jordan Neuman Jonathan Neuman James S. Saunoris Sandra R. Saunoris James S. Saunoris & Wayne Hummer & Co., Custodian Fbo James S. Saunoris Ira Plan Keith J. Peetz Louis Bory Grace Charles, Fbo Grace Charles Ira Michael J. Connelly Ronald Manzi Bernard Packer, Fbo Bernard Packer Ira & Tr.(s) Thereof Joseph Regan Kenneth J. Greenberg Sherrie Greenberg Edwin Blair Plyler Ellen Plyler John J. Wilk, - Harriet Yang & Automated Elec. Corp., Fid. Capital Appreciation Fund, Intervenor. Jeffrey A. Weinman, as Tr. for the Integra Unsecured Creditors' Trust v. Raleigh Emery Catherine Emery Arnold Cutkomp Joellen Cutkomp, Also Known as Ellen Cutkomp Michael Bergantino Michael Bergantino, Tr. Fbo Michael Bergantino Ira Peggie Bergantino Melvin Churovich Ruth E. Churovich G. James Zyskowski Marilyn J. Zyskowski Marilyn J. Zyskowski, Custodian Fbo Julie Anne Zyskowski Ugma Mn, 262 F.3d 1089 (10th Cir. 1983).published
- United States v. Ronald Slovacek, 699 F.3d 423 (5th Cir. 2012).published
- United States v. Doyle Paroline, 701 F.3d 749 (5th Cir. 2012).published
- In re Amy Unknown, No. 09-41238, 2012 WL 4477444 (5th Cir. Nov. 19, 2012).published
- United States v. Michael Wright, No. 09-31215 (5th Cir. Nov. 19, 2012).published
- United States v. Shaffaat, No. 98-1340 (4th Cir. Dec. 29, 1998).unpublished
- Adkins v. NC Attorney Gen., No. 00-7286 (4th Cir. Dec. 27, 2000).unpublished
- Mishewal Wappo Tribe of Alexan v. Cnty. of Napa, 534 F. App'x 665 (9th Cir. 2013).unpublished
- Ihinger v. Ihinger, 2003 VT 38, 824 A.2d 601.published
- Buntrock v. Terra, 810 N.E.2d 991 (Ill. App. Ct. 1st Dist. 2004).published
- Co. Doe v. Pub. Citizen, 749 F.3d 246 (4th Cir. 2014).published
- Jianfei Xu v. Bunge Argibusiness Singapore P, No. 13-2539 (7th Cir. Aug. 13, 2014).unpublished
- Kelly v. Herrell, 602 F. App'x 642 (7th Cir. 2015).unpublished
- In re Cynthia Johnson, No. 03-10-00841-CV (Tex. App.—Austin Jan. 7, 2011).published
- State v. Naylor, 330 S.W.3d 434 (Tex. App.—Austin 2011).published
- Mitchell, Geral v. Beneficial Natl Bank, No. 00-3122 (7th Cir. Apr. 23, 2002).published
- Donna L. Seymour v. Carol Hug, Appeal of Leslie v. Matlaw, 485 F.3d 926 (7th Cir. 2007).published
- Employers-Teamsters Local Nos. 175 & 505 Pension Trust Fund v. Anchor Capital Advisors, 498 F.3d 920 (9th Cir. 2007).published
- United States v. Michael Wright, 697 F.3d 306 (5th Cir. 2012).published
- United States v. Doyle Paroline, No. 09-41254 (5th Cir. Oct. 1, 2012).published
- MidFirst Bank v. McNeal, 2016 IL App (1st) 150465, 52 N.E.3d 378.published
- United States v. Under Seal, 853 F.3d 706 (4th Cir. 2017).published
- Barcia v. Sitkin v. Rold, No. 16-3575-cv 17-160-cv (2d Cir. Nov. 15, 2017).unpublished
- Harper v. C.R. England, No. 17-4008 (10th Cir. Aug. 14, 2018).unpublished
- Daniel Campbell v. City of Los Angeles, 903 F.3d 1090 (9th Cir. 2018).published
- Dr. David S. Muransky v. Godiva Chocolatier, Inc., 905 F.3d 1200 (11th Cir. 2018).published
- Dr. David S. Muransky v. Godiva Chocolatier, Inc., 922 F.3d 1175 (11th Cir. 2019).published
- Trinity Warner v. Experian Info. Solutions, 931 F.3d 917 (9th Cir. 2019).published
- Stephen Montalto v. MS Dep't of Corr., 938 F.3d 649 (5th Cir. 2019).published
- US ex rel. Alexander Volkhoff v. Janssen Pharmaceutica N.V., 945 F.3d 1237 (9th Cir. 2020).published
- Jason Douglas v. Bethany C. Price, 955 F.3d 662 (7th Cir. 2020).published
- In re Cigar Ass'n, No. 19-2130 (4th Cir. May 4, 2020).unpublished
- David Swinton v. Adam J. Starke, 960 F.3d 1001 (8th Cir. 2020).published
- Mila Homes, LLC v. Donald H. Scott, 608 S.W.3d 658 (Mo. Ct. App. 2020).published
- Christopher McLees v. Andrew Saul, No. 20-1828 (8th Cir. Nov. 12, 2020).unpublished
- Home Prods. Int'l v. United States, 846 F. App'x 890 (Fed. Cir. 2021).unpublished
- Frank v. Crawley Petroleum Corp., 992 F.3d 987 (10th Cir. 2021).published
- Leo Stoller v. CMH Mfg., Inc., No. 20-1227 (7th Cir. Oct. 26, 2021).unpublished
- Waters v. Day & Zimmermann NPS, Inc., 23 F.4th 84 (1st Cir. 2022).published
- Lawrence Peck v. Swift Transp. Co., No. 20-55119 (9th Cir. Feb. 11, 2022).published
- DYJ Holdings Inc. v. Intercontinental Exch., Inc., No. 20-1492-cv (2d Cir. Feb. 14, 2022).unpublished
- Earthgrains Baking Companies v. Sycamore, No. 19-4174 (10th Cir. Feb. 14, 2022).unpublished
- Cameron v. EMW Women's Surgical Ctr., P. S. C., 595 U.S. 267 (2022).published
- Windward Bora, LLC v. Yoo Mi Min, No. 20-2199-cv (2d Cir. Mar. 31, 2022).unpublished
- Synopsys, Inc. v. Usdol, 34 F.4th 762 (9th Cir. 2022).published
- Corbett v. Related Companies Ne., Inc., 424 Mass. 714 (1997).published
- Randy Coley v. DIRECTV, Inc., 23 F.4th 313 (4th Cir. 2022).published
- Its Thundertime, LLC v. DIRECTV, Inc., No. 16-1946 (4th Cir. Jan. 10, 2022).published
- Brandon Harvey v. Morgan Stanley LLC, No. 19-16955 (9th Cir. Aug. 15, 2022).unpublished
- Does 1 Through 976 v. Chiquita Brands Int'l, Inc., 47 F.4th 1278 (11th Cir. 2022).published
- Jokl v. Childlife, Inc., 15 Mass. L. Rptr. 445 (Mass. Super. Ct. 2002).published
- Dabbs v. Shelter Mut. Ins. Co., No. 21-6171 (10th Cir. Oct. 27, 2022).unpublished
- Broidy Capital Mgmt. LLC v. Nicolas Muzin, 61 F.4th 984 (D.C. Cir. 2023).published
- Kimberly Regenesis, LLC v. Lee Cnty., 64 F.4th 1253 (11th Cir. 2023).published
- In re ALBA Petróleos De El Salvador S.E.M. De C.V., 82 F.4th 105 (2d Cir. 2023).published
- La Union del Pueblo v. Bettencourt, 93 F.4th 310 (5th Cir. 2024).published
- Erik Roy Hillesland v. Glenmark Pharm., Inc. USA, No. 23-14181 (11th Cir. Feb. 23, 2024).unpublished
- Katie Romano v. TD Bank, N.A., No. 23-14173 (11th Cir. Mar. 21, 2024).unpublished
- Barton v. H.N.G.H., No. 23-10648 (5th Cir. Mar. 26, 2024).unpublished
- Marvel Jones v. Dept. of Corr. Servs., 103 F.4th 1332 (8th Cir. 2024).published
- Lewis v. Crochet, 105 F.4th 272 (5th Cir. 2024).published
- Michael Camoin v. Nelnet, Inc., 105 F.4th 161 (4th Cir. 2024).published
- Toelle v. Jusino, No. 4:23-cv-00194 (N.D. Cal. Sept. 28, 2023).
- Pavek v. Simon, No. 0:19-cv-03000 (D. Minn. July 12, 2020).
- Grinnell v. United States Env't Prot. Agency, No. 8:23-cv-01265 (N.D.N.Y. June 3, 2024).
- Cobb Cnty. Sch. Dist., 111 F.4th 1312 (11th Cir. 2024).published
- Green v. State of Wisconsin, No. 2:20-cv-01699 (E.D. Wis. Jan. 15, 2021).
- Archer-Daniels-Midland Co. v. Country Visions Coop., No. 2:17-cv-00313 (E.D. Wis. Feb. 19, 2021).
- Maidenbaum v. Marcus, No. 2:23-cv-03039 (E.D.N.Y. Mar. 4, 2025).
- United States v. State of Mich., No. 23-1971 (6th Cir. Mar. 11, 2025).unpublished
- Wonderful Nurseries LLC v. Agric. Labor Relations Bd., No. 1:24-cv-01601 (E.D. Cal. May 13, 2025).
- Fed. Agric. Mortg. Corp. v. Assemi Bros., 783 F. Supp. 3d 1250 (E.D. Cal. 2025).published
- United States v. 0.40401694 Bitcoin (BTC), No. 25-5611 (6th Cir. Jan. 28, 2026).unpublished
- AAL High Yield Bond Fund v. Deloitte & Touche LLP, 361 F.3d 1305 (11th Cir. 2004).published
- Jenkins ex rel. Agyei v. Missouri, 967 F.2d 1245 (8th Cir. 1992).published
- United Transp. Union v. City of Albuquerque, 664 F.3d 792 (10th Cir. 2011).published
- Jeffrey Mausolf v. Voyageurs Region, 125 F.3d 661 (8th Cir. 1997).published
- Sheldon v. PHH Corp., 135 F.3d 848 (2d Cir. 1998).published
- Fed. Sec. L. Rep. P 90,343 Sec. & Exch. Comm'n v. John Gardner Black Devon Capital Mgmt., Inc., 163 F.3d 188 (3d Cir. 1998).published
- Robert A. Scardelletti Frank Ferlin, Jr. Joel Parker Don Bujold, as Trs. of the Transp. Commc'ns Int'l Union Staff Ret. Plan v. George Thomas Debarr, Individually & as Representatives of a Class of All Persons Similarly Situated Anthony Santoro, Sr., & Donald A. Bobo R. I. Kilroy F. T. Lynch Frank Mazur v. Robert J. Devlin Retired Employees Prot. Ass'n, Movants-Appellants, & A. Meaders James H. Groskopf Thomas C. Robinson Doyle W. Beat Miriam E. Parrish Robert A. Parrish Desmond Fraser James L. Bailey Dorothy Deerwester Thomas J. Hewson Clay B. Wolfe Kenneth B. Lane Brian A. Jones Charles O. Swasy, Parties in Interest. Robert A. Scardelletti Frank Ferlin, Jr. Joel Parker Don Bujold, as Trs. of the Transp. Commc'ns Int'l Union Staff Ret. Plan v. George Thomas Debarr, Individually & as Representatives of a Class of All Persons Similarly Situated Anthony Santoro, Sr., & Donald A. Bobo R. I. Kilroy F. T. Lynch Frank Mazur v. Robert J. Devlin Retired Employees Prot. Ass'n, Movants-Appellants, & A. Meaders James H. Groskopf Thomas C. Robinson Doyle W. Beat Miriam E. Parrish Robert A. Parrish Desmond Fraser James L. Bailey Dorothy Deerwester Thomas J. Hewson Clay B. Wolfe Kenneth B. Lane Brian A. Jones Charles O. Swasy, Parties in Interest. Robert A. Scardelletti Frank Ferlin, Jr. Joel Parker Don Bujold, as Trs. of the Transp. Commc'ns Int'l Union Staff Ret. Plan v. George Thomas Debarr, Individually & as Representatives of a Class of All Persons Similarly Situated Anthony Santoro, Sr., & Donald A. Bobo R. I. Kilroy F. T. Lynch Frank Mazur,defendants v. Robert J. Devlin Retired Employees Prot. Ass'n, Movants-Appellants, & A. Meaders James H. Groskopf Thomas C. Robinson Doyle W. Beat Miriam E. Parrish Robert A. Parrish Desmond Fraser James L. Bailey Dorothy Deerwester Thomas J. Hewson Clay B. Wolfe Kenneth B. Lane Brian A. Jones Charles O. Swasy, Parties in Interest, 265 F.3d 195 (4th Cir. 2001).published
- Diane M. Hendricks Kenneth A. Hendricks v. Bank of Am., N.A., 398 F.3d 1165 (9th Cir. 2005).published
- Diane M. Hendricks Kenneth A. Hendricks v. Bank of Am., N.A., 408 F.3d 1127 (9th Cir. 2005).published
- Federated Mut. Ins. Co. v. Kevin Darrin McNeal, No. 2004-CA-02450-SCT (Miss. Nov. 4, 2004).published
- Federated Mut. Ins. Co. v. McNeal, 943 So. 2d 658 (Miss. 2006).published
- Annandale Advocate v. City of Annandale, 435 N.W.2d 24 (Minn. 1989).published
- Mitchell v. Weinman, 554 Fed. Appx. 756 (10th Cir. 2014).unpublished
- Scardelletti v. Devlin, No. 99-2619 (4th Cir. June 14, 2002).published
- Sec. & Exch. Comm'n v. Black, 163 F.3d 188 (3d Cir. 1998).
- Sutherland v. ITT Residential Capital Corp., 702 N.E.2d 436 (Ohio Ct. App. 6th Dist. 1997).published
- Chase Home Fin. v. Oliver, 89531, 2008 Ohio 235 (Ohio Ct. App. 8th Dist. 2008).unpublished
- Murphy v. Jones (Ohio Ct. App. 6th Dist. 1999).unpublished
- Underwood v. St. Joseph Bd. of Zoning Adjustment, 368 S.W.3d 204 (Mo. Ct. App. 2012).published
- Mark Habelt v. Irhythm Tech., Inc., 83 F.4th 1162 (9th Cir. 2023).published
- BM318, LLC c/o Timothy Barton v. Thomas, No. 4:24-cv-00863 (N.D. Tex. Feb. 4, 2025).
98 L. Ed. 2d at 633 cited at this page2 citing cases
- Stewart Props., Inc. v. Brennan, 807 P.2d 606 (Haw. App. 1991).published
- Edward Crowell v. State Pub. Def. v. Iowa Dist. Court for Linn Cnty., 845 N.W.2d 676 (Iowa 2014).published
Other citing cases
- LaBast v. Lockheed Martin Corp., 67 V.I. 172 (2017).published
- United States v. 1308 Selby Lane, 675 F. App'x 546 (6th Cir. 2017).unpublished
- Off. Comm. of Unsecured Creditors of WorldCom, Inc. v. Sec. & Exch. Comm'n, 467 F.3d 73 (2d Cir. 2006).published
v.
ORTIZ Et Al.
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.