Appeals

Question 1

What counts as a final judgment?

Answer 1

a judgment that leaves nothing for the court to do but execute the judgment

-if liability is decided but damages are not, this is not a final judgment

Question 2

When must an appeal be filed? fed? CA?

Answer 2

within 30 days of final judgment

[CA] within 60 days of final judgment

Question 3

What is the collateral order doctrine?

Answer 3

very narrow doctrine that gives a CoA discretion to hear part of case, which can 1. be conclusively decided separate from the main action and
2. will be effectively unreviewable on appeal from a final judgment

E.g., grant of immunity from prosecution under the 11th A because benefit of the immunity would be lost if the party claiming were forced to trial

Question 4

What are the requirements for Interlocutory Appeals Act?

Answer 4

request within 10days

1. controlling question of law
2. substantial ground for difference of opinion
3. immediate appeal may materially advance end of litigation

Question 5

is a MTD a final judgment for purposes of appeal?

Answer 5

yes if as to all parties

Question 6

in cali does a final judgment nee to be as o all to be appealable?

Answer 6

no

Question 7

what are the exceptions to the final order rule for appeals?

Answer 7

1. interlocutory orders as of right
   - inx (if on merits)
   - appts of receivers
   - orders affecting possession of property
   - certain federal cases (admiralty, patent)
2. interlocutory appeals act - judge has discretion if cert that it involves a controlling question of law
3. collateral orders - if claim or issue is separable and collateral to the main suit and is too impt to require deferring appellate reie

Question 8

is certification of class actions appealable? if so when?

Answer 8

yes, within 14d but at ct discretion

Question 9

what are the standards of review for 
matters of law
finding of fact nonjury
finding of fact jury
law and fact
discretionary matters

Answer 9

○ Matters of law – de novo review (appellate ct’s judgment substitutes trial judge’s)
§ Includes when damages excessive (see remittitur), jury instr. that put burden of proof on wrong pt
□ reverse only if plain error - affects subs rights but not if harmless error
○ Findings of fact (non-jury) – not disturbed unless clearly erroneous.
§ Jury – appeal ct affirms unless reasonable persons could not have made that finding
○ Mixed questions of law and fact – de novo review / clearly erroneous review if factual issues predominate
Discretionary matters (rulings in trial judge’s discretion, e.g., leave to amend) – abuse of discretion