Supreme Court denies certiorari in Allen v. Stein over Fourth Circuit pendent appellate jurisdiction in the Queen Anne's Revenge copyright suit

The Supreme Court order

The October 19, 2026 order list (610 U.S.) includes Allen, Frederick L., et al. v. Stein, Gov. of NC, et al., No. 26-114, under the heading "CERTIORARI DENIED." The docket records that the petition was filed July 20, 2026 and docketed July 24, 2026; that respondents first filed a waiver of their right to respond, and the case was distributed for the Conference of September 28, 2026; that on August 17, 2026 the Court requested a response; that respondents filed a brief in opposition on September 16, 2026 and petitioners replied on September 25, 2026; that the case was distributed for the Conference of October 16, 2026; and that the petition was denied on October 19, 2026. (Order List 2 to 3; Docket.)

Questions presented

The petition presented two questions: (1) whether, on an interlocutory appeal, a federal court of appeals may exercise pendent appellate jurisdiction to review issues neither inextricably intertwined with nor necessary to ensure meaningful review of the independently appealable order; and (2) whether summary reversal is warranted because the Fourth Circuit transgressed the party-presentation principle by sua sponte exercising jurisdiction on a basis appellants waived. (Petition i.)

The Fourth Circuit decision below

The decision below is the Fourth Circuit's published opinion in Allen v. Stein, No. 24-1954, 165 F.4th 272 (4th Cir. Jan. 23, 2026) (Niemeyer, King, and Harris, JJ.; King, J.). The court of appeals denied rehearing en banc on February 20, 2026. The appeal came from the Eastern District of North Carolina, No. 5:15-cv-00627-BO (Judge Terrence W. Boyle). (Petition v, 1; Op. 1 to 2; Docket.)

According to the Fourth Circuit, Frederick L. Allen and Nautilus Productions, LLC brought copyright infringement claims against the State of North Carolina, its Governor and Attorney General, its Department of Natural and Cultural Resources, and other state officials, arising from photographs and videos Allen made during excavation of the sunken pirate ship Queen Anne's Revenge. The court recounted earlier rulings, including Allen v. Cooper, 895 F.3d 337 (4th Cir. 2018), and the Supreme Court's affirmance of its sovereign immunity rulings in Allen v. Cooper, 589 U.S. 248 (2020). (Op. 2 to 3.)

On the appeal before it, the Fourth Circuit exercised pendent appellate jurisdiction over a 2021 district court decision that had authorized Allen to amend his complaint and pursue a new constitutional theory of liability for copyright infringement. The court reversed that 2021 decision, vacated as moot a 2024 district court ruling on sovereign immunity and all rulings of the district court after the 2021 decision, and remanded with directions to close the litigation by dismissing the North Carolina defendants and all claims against them with prejudice. The disposition line reads: "REVERSED IN PART, VACATED IN PART, AND REMANDED WITH DIRECTIONS." (Op. 3 to 4, 18 to 19, 34 to 35.)

Later proceedings listed in the petition

The petition lists a district court judgment in No. 5:15-cv-00627-BO entered April 7, 2026, and a further Fourth Circuit case, Allen v. Stein, No. 26-1576, which it describes as held in abeyance on May 29, 2026, pending disposition of the petition. (Petition v.)