Appeals Flashcards
What is the final judgment rule?
A party may seek review of a judgment/order of the court only when it resolves the merits of their entire case.
When must an appeal of a final judgment be filed?
In the district court, within 30 days of issuing the judgment/order or 60 days if the US is a party
When is an interlocutory appeal allowed under the Interlocutory Appeals Act?
When an appeal would materially advance the resolution of the case and (1) the district court certifies that the order involves a final question of law (2) there is a substantial ground for difference of opinion as to that final question of law and (3) the appeals court agrees to hear the appeal
When is an interlocutory appeal allowed based on the Collateral Order doctrine?
When an issue is distinct from the merits of the case, involves an important legal question, and is essentially unrevieweable if the parties await a final judgment
What types of non final judgements are appealable?
Preliminary/permanent injunctions (as of right), orders denying or granting certification of a class action (at the discretion of the appeals court)
When may an appeals court issue an extraordinary writ?
When the trial court is violating a clear legal duty
When must a party seeking an appeal of an order granting/denying class certification seek that appeal?
Within 14 days of the order
What standard of review is applied by the appellate court to questions of fact determined in a bench vs. a jury trial?
In a bench trial, the appellate court will only reverse findings of fact that are clearly erroneous. In a jury trial, the appellate court will only reverse findings of fact if it finds a reasonable person could not have made that finding.
How can a court enter final judgment as to a particular claim or party, in a case involving multiple claims or parties?
The court must make an express finding that there is no just reason for delay, and expressly direct entry of final judgment as to that claim/party.
