Appeals

Question 1

The Final Judgment Rule

Answer 1

Can only appeal a final judgment = ultimate decision by the trial court of the merits of the entire case

Ask: Does the trial court have anything left to do on the merits of the case?

Must file notice in the DC within 30 days

X = Interlocutory appeals

Question 2

Interlocutory appeals

Answer 2

1) Orders reviewable as of right: orders granting, modifying, or refusing preliminary or permanent injunctions.
2) Interlocutory Appeals Act: appeal of nonfatal order if (a) trial judge certifies that involves a controlling issue of law (b) as to which were is substantial ground for difference of opinion and the (c) court of appeals agrees to hear it.

3) Collateral order: Appellate court has discretion to hear ruling on issue if it:
(a) is distinct from the merits of the case,
(b) involves an important legal question, and
(c) is essentially unreviewable if parties must await final judgment [e.g., immunity from suit]

4) D.C. expressly directs entry of final judgment: has to expressly find that there is no just reason for delay.
5) Class action: Ct. of appeals has discretion to review order granting/denying class certification (must seek review within 14 days)
6) Extraordinary writ (mandamus or prohibition): Available only if the D.C. is violating a clear legal duty.

Question 3

How long do you have to file notice of appeal?

Answer 3

Must file notice in the DC within 30 days after judgment is entered

Question 4

Appeals:

Standards of Review

Answer 4

Questions of Law: de novo (no deference)
Note: content of jury instructions are always questions of law

Questions of fact by court: clearly erroneous

Question of fact (by jury): reasonable people could not have made that finding

Discretionary matters: Abuse of discretion

Question 5

Preclusion:

Choice of law

Answer 5

If case 1 and case 2 are decided in different judicial systems, the court in case 2 applies the preclusion law of the judicial system that decided case 1.

Question 6

Claim Preclusion (aka Res Judicata)

Answer 6

majority view: claim = any right to relief arising from T/O

minority view: separate claims for property damage and personal injuries because those are different primary rights.

Question 7

Issue Preclusion (aka Collateral Estoppel)

Answer 7

Requirements:

(1) Case 1 ended in a valid, final judgment on the merits
(2) Same issue was actually litigated and determined in Case 1
(3) That issue was essential to the judgment in Case 1 (i.e., the finding on that issue is the basis for the judgment)
(4) Issue preclusion is being asserted against someone who was a party to Case 1 or is in privity with a party.
(5) Being asserted by someone who was a party (mutual) OR is using defensively OR is using it offensively and it’s not unfair.

Question 8

Fairness factors for non-mutual offensive issue preclusion

Answer 8

(1) D had a full and fair opportunity to litigate in case 1
(2) D had an incentive to litigate strongly in case 1
(3) P could not have joined easily in case 1
(4) No inconsistent findings on this issue