26. Appealability (Rule 54)

Question 1

What is required for appealing a judgment on few claims/parties (Rule 54)?

Answer 1

1) No just reason for delay (expressly stated - written)
- Appellant should not wait to appeal vs judgment on few claims because other unresolved claims are pending
- Otherwise no final judgment => Not appealable (Default rule)

2) Entry of judgment

Question 2

What type of interlocutory orders as a matter of right may be appealable?

Answer 2

Injunction (prevent immediate harm)

• Granted (permanent/preliminary)
• Refused/Refused to modify

Appointment of receiver

Property possession

Patent infringement

Admiralty

Denial of class certification

Denial of arbitration

Question 3

What is required for appealing interlocutory orders under Interlocutory Appeals Act?

Answer 3

1) Controlling question of law in Order (substantial ground for difference of opinion)
2) Immediate appeal could materially advance towards ultimate termination of litigation
3) Court of Appeals allows appeal

Question 4

What is required for appealing interlocutory orders under Collateral Order Doctrine?

Answer 4

1) Separate + collateral to litigation

2) Claim/Issue too important to defer appeal
- Later appeal (when final judgment entered) would not be as effective
- Includes grant/denial of immunity from liability

3) Appeal will conclusively determine disputed question

NB this doctrine is rarely applied unless;

• Immunity grant/denial
• Double jeopardy

Question 5

What is required for appealing class action orders?

Answer 5

1) Order granted/dismissed

2) Must appeal within 14 days of Order granted

Question 6

How may interlocutory orders be appealed in extraordinary circumstances?

Answer 6

Writ of mandamus
- Compel judge to act (review lower court’s decision)

Writ of prohibition
- Prevent judge from acting

Question 7

What type of cases may Federal Court of Appeal review?

Answer 7

Validity of federal/state law
- With jurisdiction by certiorari

Any case (in Court of Appeals)
- With jurisdiction by certiorari

Basis for interlocutory appeal

Question 8

What type of grants/denials of orders may be appealed?

Answer 8

Directed verdict

JNOV

New trial (denial)

Pre-answer motions

Question 9

What is the difference between the type of cases Appellate Court and District Court may hear?

Answer 9

Federal Court of Appeal

• Final Judgment rule - Final judgments (by District Court)
• Denied motions leading to case termination

District Court
- Final judgments

Question 10

When is writ of mandamus granted?

Answer 10

Abuse of judicial discretion

1) Petitioner has clear and indisputable right to relief
2) No alternative route to desired relief exists
3) Writ is proper under the circumstances.