From yesterday's opinion by Judges Eric Clay, Amul Thapar, and Stephanie Dawkins Davis in Kaltenbach v. Hilliard City Schools (6th Cir.):
Plaintiffs—several parents of children who are currently enrolled in the Hilliard City School District (the "In-District Plaintiffs"), and one parent, D.S., of a student who was previously enrolled in the school district—appeal the district court's dismissal, without prejudice, of the In-District Plaintiffs' claims and all but three of D.S.'s claims for lack of standing….
We have jurisdiction over appeals from final judgments of the district court. 28 U.S.C. § 1291. In the absence of a certification by the district court, an order or decision "that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action." Three of D.S.'s claims remain pending in the district court, which did not grant certification under Rule 54(b) for Plaintiffs to appeal its dismissal order.
Plaintiffs therefore attempt to invoke the collateral order doctrine, which vests us with jurisdiction over an appeal from a non-final order if it conclusively determines the disputed question, resolves an important issue completely separate from the merits, and is effectively unreviewable on appeal from a final judgment. We have held that standing fails the final prong of the collateral order doctrine inquiry; thus, we lack jurisdiction to review a non-final order on the basis that it granted or denied standing. Because Plaintiffs appeal a non-final order dismissing their claims only on standing grounds, the collateral order doctrine does not apply. Accordingly, the appeal is DISMISSED for lack of jurisdiction.
Judge Thapar concurred, writing:
