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NOTE: This order is nonprecedential.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
