Appeal

Question 1

1) Aetna casualty & Surety co. v. Cunningham

Answer 1

1. Facts
   i) Ins company pays another contractor after Cunningham fails to complete the job. P sues the D for damages
2. Holdings
   i) If the denial of any one claims results in the P not getting the relief to which it claims to be entitled, whether in the amount or in the quality of judgement, it has a right to be heard on appeal.

Question 2

1) Liberty Mutual Ins Co. v. Wetzel

Answer 2

1. Facts
   i) Wetzel set forth a single claim, and while the district court found for her, it left unresolved what relief would be granted. The district court’s order was merely a grant of partial summary judgment on the issue of Liberty’s liability.
   
   2. Holdings
      i) The only interlocutory judgments appealable are grants of injunctive relief. Since the district court made no ruling on the request for injunctive relief, this was not a basis for appeal.

Question 3

1) Lauro Lines SRL v. Chasser

Answer 3

1. Facts
   i) P harmed on ship, D tries to enforce litigation clause to make them file in Naples. The motion is not granted and they appeal.
   
   2. Holdings
      i) Only final decisions are appealable, except those orders that conclusively determine the disputable question, resolve an important issue completely separate from the merits of the action, and are effectively unreviewable on appeal from a final judgment

Question 4

1. Harmless error (Harnden V. Jayco Inc. )

Answer 4

i) An error that doesn’t impact the outcome of the case, is said to be a harmless error, and the appellate court cannot review it.

Question 5

1) Anderson v. Bessemer City

Answer 5

1. Facts
   i) Lower court finds evidence that the hiring committee was sexually discriminatory. Appeals court overturned. Supreme court said go to hell.
   
   2. Holdings
      i) Findings of fact cannot be set aside unless clearly erroneous, where, although there is evidence to support the finding, the reviewing court is left with a definite and firm conviction that a mistake has been committed.

Question 6

Harnden V. Jayco Inc.

Answer 6

1. Facts
   i) P sued Jayco for a faulty RV, court admitted evidence of an expert but should not have.
   
   2. Holdings
      i) If evidence is admitted in error but its admission does not affect any party’s substantial rights, the admission is harmless error and the objecting party was not prejudiced.