U.S. Court of Appeals for the Federal Circuit, 2023

Russomanno v. Sunovion Pharmaceuticals Inc.

Russomanno v. Sunovion Pharmaceuticals Inc.
U.S. Court of Appeals for the Federal Circuit · Decided February 28, 2023

Russomanno v. Sunovion Pharmaceuticals Inc.

Opinion

Case: 23-1020 Document: 25 Page: 1 Filed: 02/28/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ GINA RUSSOMANNO, Plaintiff-Appellant v. SUNOVION PHARMACEUTICALS INC., IQVIA, INC., DAN DUGAN, JENNA YACKISH, TREVOR VOLTZ, ERIC WEEDON, Defendants-Appellees ______________________ 2023-1020, 2023-1022 ______________________ Appeals from the United States District Court for the District of New Jersey in Nos. 3:19-cv-05945-FLW-DEA, and 3:20-cv-12336-FLW-DEA, Judge Freda L. Wolfson. ______________________ ON MOTION ______________________ PER CURIAM.

ORDER In response to this court’s January 3, 2023, order to show cause, IQVIA, Inc. urges dismissal of these appeals.

Gina Russomanno opposes dismissal and moves for sum- mary determination.

Case: 23-1020 Document: 25 Page: 2 Filed: 02/28/2023

2 RUSSOMANNO v. SUNOVION PHARMACEUTICALS INC.

Ms. Russomanno brought these employment-related suits against her former private employer. On the motion of the defendants, the United States District Court for the District of New Jersey dismissed. In September 2022, Ms. Russomanno moved to reopen, which the district court de- nied on September 27, 2022. Ms. Russomanno then filed notices of appeals that were transmitted to both this court and the United States Court of Appeals for the Third Cir- cuit.

Ms. Russomanno’s appeals do not fall within the lim- ited jurisdiction that Congress granted to this court to re- view decisions of federal district courts under 28 U.S.C. § 1295(a). That jurisdiction extends only to cases arising under the patent laws, see 28 U.S.C. § 1295(a)(1); civil ac- tions on review to the district court from the United States Patent and Trademark Office, see § 1295(a)(4)(C); or cer- tain damages claims against the United States “not exceed- ing $10,000 in amount,” 28 U.S.C. § 1346(a)(2), see 28 U.S.C. § 1295(a)(2). Ms. Russomanno’s cases are outside of that limited review authority.

While this court may transfer a case under 28 U.S.C. § 1631, if it is in the interest of justice, to the court where “the action or appeal could have been brought at the time it was filed,” Ms. Russomanno has already filed an appeal with the Third Circuit, which has affirmed the district court’s dismissals. Under such circumstances, we see no reason to transfer.

Accordingly, IT IS ORDERED THAT: (1) The appeals are dismissed. (2) All pending motions are denied as moot.

Case: 23-1020 Document: 25 Page: 3 Filed: 02/28/2023

RUSSOMANNO v. SUNOVION PHARMACEUTICALS INC. 3

(3) Each side shall bear its own costs.

FOR THE COURT February 28, 2023 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court

Case-law data current through December 31, 2025. Source: CourtListener bulk data.