When Is Class Action Coming in the Navy SEAL 1 Case?

Mar 18, 2022

You asked and we are listening. Every day, we are inundated with hundreds of messages asking the same question: "When is class action relief coming to the military in the Navy SEAL 1 case?"

Here's what you need to know:

Issuing an order in a class-wide military suit is no small thing. Judge Merryday is being very cautious and thoughtful to apply the law so it will be harder to overturn him. No judge wants to be overturned, and a steadfast judge is going to take time and sort through this in a very well-reasoned manner.

With that being said, when the DOD filed the Notice of Appeal on February 25, Judge Merryday still retains jurisdiction to enter an order on the class motion and the preliminary injunction for the entire military.

The DOD’s appeal only involves the preliminary injunction as to Navy Commander and Lieutenant Colonel 2, so that is the only order that is the subject of the Eleventh Circuit’s jurisdiction. Courts of appeals can only review an order that has been entered by the district court, and its jurisdiction is limited to the subject-matter of the appealed order.

Because the class motion and the preliminary injunction motion have not been determined and are not the subject matter of the preliminary injunction for Navy Commander and Lieutenant Colonel 2, the Eleventh Circuit has no jurisdiction over it.

We anticipate a ruling from Judge Merryday on the class certification any day.

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