Appeals

Question 1

What are appellate cts?

Answer 1

appeal to Ct of Appeals for the circuit in which your district sits

Question 2

What is appellate jurisdiction?

Answer 2

Grounds for which jurisdiction can be asserted over the appeal:

1. there is a final judgment
2. an order pertaining to preliminary injunctive relief
3. an order pertaining to certification of a class
4. an order that has been certified by the district ct
5. a collateral order

NOTE - #2-5 are referred to as interlocutory orders b/c they are issued during the pendency of litigation

Question 3

What is a final judgment?

Answer 3

• A judicial act that disposes of the entire case
• there is nothing left for the ct or pty to address
• if there is a partial can appeal on that claim only

Question 4

What is preliminary injunctive relief?

Answer 4

A pty may immediately appeal whether the PI or TRO is granted or denied

Question 5

What is class certification?

Answer 5

Can be immediately appeal by either if grnated or denied

Question 6

What is a certified order?

Answer 6

orders that satisfy three conditions:

• involves a controlling question of laaw
• the issue of law is one on which there is substantial difference of opinion AND
• an immediate appeal will materially advance the ultimate resolution of the action

Question 7

What is a collateral order?

Answer 7

Permirs immediate appeal if 3 conditions are met:

• the order pertains to a matter unrelated to the merits
• it conclusively decides a particular issue
• delaying the appeal until a final judgment has issued would effectively deppellate review of the issue

Question 8

What is appellate review?

Answer 8

Once they have jurisdiction, the ct will determine:

• the standard of review
• was it harmless error
• waiver

Question 9

What is the standrad of review?

Answer 9

Depends on what issue the ct is addresing

1. De novo
   
   • review the case brand new
   • pertains to quetions of law in which an appellate believe the lower ct’s assessment of the law was in error
2. Clearly errorenous
   
   • irrelevant whether the appellate judge would have decided differently
   • pertains to questions of fact
3. Abuse of discretion
   
   • pertains to inherently discretionary questions - mixed questions of law or fact
   • determine whether a reasonable judge could have reached the same decision

Question 10

What is harmless error?

Answer 10

a lower ct’s errorenous decision may be upheld if there was no harmless error

Question 11

How does waiver apply in appeals?

Answer 11

The appellate cannot pass up an oppty to challenge the decision @ the time the lower ct made it thus waiving right to appeal

Question 12

What s appellate procedure?

Answer 12

• generally must file a notice of appeal in the district ct w/in 30 days of judgment or
• w/in 30 days of the order that is the subjet of the appeal
• except if denial of class certification in which you have 14 days to file

Question 13

How is the appellate procedure affe4cted if a post-trial motion has been filed?

Answer 13

You get an entire new 30 days from the date of the denial

• Example:
  
  • you have 30 days to file a renewed JML motion, motion for a new trial or motion for relief from judgment
  • you file on day 28
  • denied on day 29
  • you get 30 days from that denial as opposed to the 30 days from the judgment to file your appeal