Appeals Flashcards
Preserving the issue: jury instructions
In order to be able to raise an error in a jury instruction on appeal, a party must timely object to the instruction on the record and state the grounds for the objection.
A party’s objection is timely if it is made promptly after learning that an instruction has been or will be given or a request has been refused.
There is no requirement that a party renew his objection to a jury instruction after the judge has charged the jury.
One party’s decision not to submit a jury question does not bar an objection to the jury instruction proposed by the other party and adopted by the judge.
Final judgment rule: multiple claims and parties
When there are multiple claims and parties, any order or other decision that adjudicates fewer than all of the claims or the rights and liabilities of fewer than all of the parties will not end the action as to any of the claims or parties.
Orders and decisions may be revised at any time before the entry of a judgment adjudicating all of the claims and all of the parties’ rights and liabilities.
Collateral order doctrine
A court of appeals has discretion to hear and rule on a district court order if it:
(i) conclusively determines the disputed question,
(ii) resolves an important issue that is completely separate from the merits of the action, and
(iii) is effectively unreviewable on appeal from a final judgment.
Class certification
An appellate court may, but is not required to, hear an immediate appeal of a certification decision rendered by the district court.
A party must file a petition for permission to appeal with the circuit clerk within 14 days after the order is entered or within 45 days after the order is entered if any party is the United States, a United States agency, or a United States officer or employee sued for an act or omission occurring in connection with duties performed on the United States’ behalf.
Interlocutory orders appealable as of right
Certain orders are reviewable immediately as of right under 28 U.S.C. § 1292(a):
(1) District Court orders:
(a) granting, continuing, modifying, refusing or dissolving injunctions, or
(b) refusing to dissolve or modify injunctions, except where a direct review may be had in the Supreme Court;
(2) Interlocutory orders:
(a) appointing receivers, or
(b) refusing orders to wind up receiverships or to take steps to accomplish the purposes thereof, such as directing sales or other disposals of property;
(3) Interlocutory decrees of such district courts or the judges thereof determining the rights and liabilities of the parties to admiralty cases in which appeals from final decrees are allowed.
Certified questions of law
A district court may certify for immediate appeal an order involving a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation. 28 U.S.C. § 1292(b).
Entry of partial final judgment
When there are multiple parties and/or multiple claims, the court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay.
The party against whom judgment was entered can then appeal the final judgment.
Notice of appeal
A party must appeal a judgment or order within 30 days from the date of entry of the certified judgment.
Class certification: stay of district court proceedings
If an appeal is permitted, it will not stay proceedings in the district court unless the district court or the court of appeals so orders.
Collateral order doctrine: immunity
A grant of immunity from prosecution, such as the immunity provided by the Eleventh Amendment, can fall within the narrow confines of the collateral-order doctrine because the benefit of immunity would be lost if the party claiming it were wrongfully forced to proceed to trial.
