Appeals and Preclusion Flashcards
a party wishing to appeal a district court order must appeal
to the Court of Appeals for the circuit in which the district court sits.
If a party desires to appeal a Court of Appeals order or judgment, the only avenue
USSC
Federal circuit courts have jurisdiction to hear only appeals seeking review of:
(5)
(1) 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 court, or
(5) a collateral order.
What is a final judgment?
A final judgment is a judicial act that disposes of the entire case. When a final judgment has been entered, there is nothing left for the court or parties to address.
Preliminary Injunctive Relief appealable
immediately granting or denying a Preliminary injunction or TRO
What judgments are immediately appealable?
- Preliminary Injunctive relief
- Class Certification
- Certified Order
When to appeal class certification
Any party may immediately appeal a district court decision granting or denying a motion to certify a class in a putative class action suit.
What is a certified order?
(a) The order involves a controlling question of law;
(b) The issue of law is one on which there is substantial difference of option; and
(c) An immediate appeal will materially advance the ultimate resolution of the action
The collateral order doctrine, which is extremely narrow, permits a party to appeal an order if three conditions are met
(a) The order pertains to a matter unrelated to the merits (i.e., “collateral” to the merits);
(b) The order conclusively decides a particular issue; and
(c) Delaying appeal until a final judgment has issued would effectively deny appellate review of the issue
Standard of Review
- De Novo
- Clearly Erroneous
- Abuse of Discretion Standard
When an appellant claims that a lower court made an error in its assessment of the law, the appellate court reviews the lower court’s decision:
De novo
De novo review
means that the appellate court grants no deference to the lower court and addresses the legal issue as if it has never been addressed in the case.
Questions of Fact: When an appellant claims that the lower court—whether acting through the judge or the jury—made a mistake on factual matter, the appellate court will affirm the lower court’s finding unless it:
Clearly erroneous
When trial courts are imbued with significant discretion—they are reviewed using
abuse of discretion standard
Appellate courts may affirm an erroneous lower court decision if
the error was harmless
if an appellant passed up an opportunity to challenge the decision at the time the lower court made it, the appeal
Is waived by failing to challenge it at the time.
When must appellate file notice of appeal?
Within 30 days of the final judgment or order or you are appealing
Where do you file a notice of appeal?
District Court
When must appellate file a notice of appeal for an order granting or denying class certification?
Within 14 days?
If a post trial motion has been filed (e.g., a renewed motion for judgment as a matter of law, a motion for new trial, or a motion for relief from judgment), and the court denies the motion –> when must appellant file a notice of appeal?
30 days from denial
What does claim preclusion do?
bars claimants from re-litigating a case that they have already lost.
When does claim preclusion occur?
One lawsuit is resolved and one is pending
Elements of Claim Preclusion
- Same Parties on the Same Side of the “v”
- Claim from Same Transaction or occurrence in prior suit
- Valid prior judgment on the merits
What is claim preclusion also called?
res judicata
When is a judgment not on the merits?
Dismissal for
- Lack of PJ
- Lack of SMJ
- Lack of Venue
Is there claim preclusion in when voluntary dismissal occurs?
Yes, if prejudiced; if no prejudice, then no.
What is issue preclusion?
bars the re-litigation of issues—even in cases not involving the same parties
What are the elements for issues preclusion?
4
- Issue must have been litigated and determined (not stipulated)
- Issue was essential to judgment (if decided opposite way would change result of case)
- Valid prior judgment on the merits
- The party against whom preclusion is asserted must have had a full and fair opportunity, as well as incentive, to litigate the issue in the first suit.
Special verdicts in issue preclusion
Issue preclusion is greatly helped
When does a party have incentive to litigate such that issue preclusion will take hold?
When the party in the first action is in privity to the current party asserting.
What is it called when you prevent someone for litigating a issue by way of issue preclusion?
Collateral Estopple
