Appeals Flashcards
Timing of appeals
May appeal w/in 30 days of final judgment (ultimate decision by trial court of the merits of case) or order based on timely JNOV. May appeal w/in 60 days if U.S. is party to the action.
Types of cases reviewable
Generally, only final orders and final judgments (ultimate decision by the trial court that disposes of the entire case on its merits) are reviewable. Interlocutory orders (ones made before final judgment) may not be reviewed before final judgment. EXCEPTIONS (i.e., interlocutory orders that are also reviewable):
i. interlocutory orders reviewable as of right
ii. collateral orders
iii. interlocutory appeals act
iv. partial judgment
v. certification of class actions
Interlocutory orders reviewable as of right
including injunctions, appointments of receivers, orders affecting possession of property, and certain federal cases (admiralty, patent infringement)
collateral orders
if the claim or issue is separable and collateral to the main suit and is too important to require deferring appellate review. A federal appeals court can review an interlocutory order that 1) conclusively determined the disputed issue now on appeal, 2) resolved an important issue separate and distinct from merits of the rest of the action (collateral), and 3) is effectively unreviewable on appeal from a final judgment (the disposition of that order affects the remaining cause of action)
1. E.g., hear the appeal if there is a lack of SMJ. If not allowed to appeal the district court’s ruling now, it will be effectively unreviewable until a final judgment. It would be a waste of judicial resources if Π had to wait for a final judgment to raise the issue
interlocutory appeals act
Review is discretionary and available based on trial judge’s certification
1. Pt must apply w/in 10 days of obtaining certification stating that the interlocutory order involves a
controlling question of law where there is a substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation. Then 2 of 3 appellate judges must agree to hear the appeal
partial judgment
Trial ct may enter a final order as to some of multiple claims or pts in an action. This order is appealable, only on express determination that there was no just reason for delay of the judgment.
certifications of class actions
Trial ct’s grant/denial may be appealed w/in 14 of order, discretionary review
standards of review for trial judge’s rulings alleged to be erroneous for matters of law
de novo review (appellate ct’s judgment substitutes trial judge’s)
1. Includes when damages excessive (see remittitur), jury instr. that put burden of proof on wrong pt
standards of review for trial judge’s rulings alleged to be erroneous for findings of fact (non-jury, jury)
non-jury: not disturbed unless clearly erroneous.
jury: appeal ct affirms unless reasonable persons could not have made that finding
standards of review for trial judge’s rulings alleged to be erroneous for mixed questions of law and fact
de novo review / clearly erroneous review if factual issues predominate
standards of review for trial judge’s rulings alleged to be erroneous for discretionary matters
(rulings in trial judge’s discretion, e.g., leave to amend) – abuse of discretion
