Appeals

Question 1

final judgment rule

Answer 1

a federal appellate court can only hear an appeal from a final judgment on the merits (unless an exception applies)

Question 2

final judgment / decision

Answer 2

is one which:
1. ends the litigation on the merits (ALL claims are resolved), AND
2. leaves nothing for the court to do but execute the judgment

Question 3

filing an appeal

Answer 3

MUST be filed w/in 30 days after entry of judgment

NOTE: clerk of court enters judgment

Question 4

exceptions to final judgment rule

Answer 4

1. Rule 54(b) exception
2. statutory exceptions
3. certified appeal exception
4. collateral order doctrine
5. writs of mandus & prohibition
6. pendent appellate jx
7. certification of class action

Question 5

Rule 54(b) exception

Answer 5

an immediate appeal is allowed when:
1. action has multiple parties OR multiple claims,
2. court directs final judgment for some of the claims or parties, AND
3. courts expressly determines that there is NO just reason for delay of an appeal

Question 6

statutory exceptions

Answer 6

can immediately appeal orders for:
1. injunctions
2. receiverships
3. possession of property
4. liability of an admiralty action
5. patent infringement orders that are final except for an accounting

Question 7

certified appeal exception

Answer 7

an immediate appeal is allowed when:
1. a federal district court judge certifies grounds for immediate appeal, AND
2. the court of appeals agrees to permit the appeal

NOTE: application for the appeal must be made w/in 10 days after entry of the order

Question 8

collateral order doctrine

Answer 8

allows an immediate appeal if the interlocutory order:
1. conclusively determines the disputes question,
2. resolves an important issue that is separate from the merits of the action, AND
3. is effectively unreviewable on appeal from a final judgment

Question 9

writs of mandamus & prohibition

Answer 9

allows an immediate appeal if there is an abuse of authority by a trial court
- issued only in exception circumstances
- cannot be used to correct an ordinary error

Question 10

pendant appellate jx

Answer 10

a party MAY seek to have a non-final order reviewed along with another appealable order currently pending before the appellate court when:
1. a non-appealable decision is inextricably intertwined w/ an appealable decision, OR
2. review of the non-appealable order is necessary to ensure a meaningful review of the appealable order

Question 11

certification of class action

Answer 11

an order granting/denying class-action certification may be appealed when:
1. a petition for permission to appeal is filed w/in 14 days after entry of the order, AND
2. the court of appeals agrees to hear the appeal