Appealability and Review

Question 1

Final Judgment Rule

Answer 1

Congress has given to the federal courts SM jurisdiction over appeals from all final judgments of the federal district trial courts.

Question 2

What is a Final Judgment?

Answer 2

One that disposes of all issues as to all of the parties.

Question 3

Can a Court Enter a Final Judgment on a Counter-Claim or Cross-Claim Without Ruling on the Other Claims?

Answer 3

A court can apply a final judgment order to an individual claim that does not fully resolve the case when the court finds that there is no just reason for delaying an appeal. Such an order is immediately appealable.

Question 4

Interlocutory Orders

Answer 4

Orders asserting provisional relief or made upon motion or application during trial, but which are not final adjudications on the merits. Generally, under the final judgment rule, they are not appealable.

Question 5

Exceptions to the Final Judgment Rule

Answer 5

Include:

• Order pertaining to preliminary injunctive relief
• Order pertaining to certification of a class
• Order that has been certified by the district and appellate courts for appeal
• A collateral order

Question 6

Orders Pertaining to Preliminary Injunctive Relief

Answer 6

-A party can immediately appeal a district court order granting or denying a preliminary injunction.

Question 7

Appealability of TROs

Answer 7

Because TROs are not final orders, they cannot be appealed. However, if a court extends a TRO beyond the 14-day limit provided for in the federal rules, the TRO can be appealed (becomes more of a permanent injunction).

Question 8

Order Pertaining to Certification of a Class

Answer 8

• Any party may immediately appeal a district court decision granting or denying a motion to certify a class in a putative class action suit.
• The appellate court has discretion to decide whether to allow that appeal.

Question 9

Order That Has Been Certified By the District and Appellate Courts for Appeal

Answer 9

A party may immediately appeal an order that has been certified if:

• order involves a controlling question of law
• issue of law is one on which there is substantial difference of opinion; and
• immediate appeal will materially advance the ultimate resolution of the action.

Question 10

Collateral Order Doctrine

Answer 10

Appellate review is authorized for an interlocutory order rendered by a trial judge that:

• conclusively determines the disputed question
• resolves an important issue completely separate from the merits of the action; and
• is effectively unreviewable on appeal from a final judgment

Question 11

Injunctive Relief

Answer 11

• Congress has given to the federal courts SM jurisdiction over appeals from an interlocutory order of the trial court that grants, denies, continues, modifies, or dissolves an injunction.
• But interlocutory appeals for injunctive relief are not available if a similar suit is pending in state court.

Question 12

Scope of Review: Things that an Appellate Court Will Not Review

Answer 12

• With few exceptions, courts will not review errors that are not on the record of the trial court proceeding; and
• Errors that do not affect substantial rights will be labeled harmless and may be unreviewable

Question 13

Appellate Procedure

Answer 13

• Appellant must file notice of appeal within 30 days of the judgment (or within 30 days of the order that is the subject of the appeal) except:
• Where the appeal is on class certification, the party only has 14 days

Question 14

Appellate Procedure: What About Post-Trial Motions?

Answer 14

• If a post-trial motion has been filed and is denied, a new 30-day period begins to run from the date of the denial.
• If a motion for new trial or relief from judgment is granted, the judgment is no longer final and no appeal is permissible unless the order can be certified or characterized as a collateral order.