Appeals and preclusion

Question 1

Appellate courts

Answer 1

Usually, must appeal to the court of appeals for the circuit the district is in. Losses at appellate level can only be appealed to SCOTUS

Question 2

Appellate jurisdiction

Answer 2

Circuit courts can only hear appeals of:
- FINAL JUDGMENTS (general rule)

Exceptions:
- preliminary injunctions
- class certifications
- orders certified by the court for appeals
- involves controlling question of law, issue has substantial difference of opinion, and
appeal would advance resolution
- collateral orders
- extremely narrow. must be unrelated to merits, conclusively decide certain issue, and
delaying appeal til final judgment would effectively deny review

Question 3

Standards of review (3), harmless error and waiver

Answer 3

Questions of law: de novo
Questions of fact: affirmed unless clearly erroneous
Inherently discretionary issues: abuse of discretion standard

Harmless error rule: can affirm if there was error but it didn’t effect result

Waiver: party can’t appeal on an issue if they failed to challenge decision at the time

Question 4

Appellate procedure

Answer 4

Must file notice w/in 30 days of judgment, or of order being appealed
 - Appeals on class cert only get 14 days

Post-trial denials get 30 days after denial. If motion is granted, judgment is no longer final and no appeal is possible unless collateral order somehow applies

Question 5

Claim preclusion (AKA res judicata)

Answer 5

Elements:

• Same parties
• same transaction/occurrence
• valid final judgment on the merits (inc dismissal w prejudice)

Failure to bring compulsory counterclaim in first suit counts as a judgment on the merits - can’t bring it later