Does the Court of Appeal have jurisdiction to hear a motion brought by a plaintiff against the lower court?

MultiRegion, United States of America

The following excerpt is from Cohen v. Postal Holdings, LLC, 873 F.3d 394 (2nd Cir. 2017):

"[E]very federal appellate court has a special obligation to satisfy itself not only of its own jurisdiction, but also that of the lower courts in a cause under review ...." Bender v. Williamsport Area Sch. Dist. , 475 U.S. 534, 541, 106 S.Ct. 1326, 89 L.Ed.2d 501 (1986) (internal quotation marks omitted). "And if the record discloses that the lower court was without jurisdiction," the appellate court has "jurisdiction on appeal, not of the merits but merely for the purpose of correcting the error of the lower court in entertaining the suit." Id .

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