Appeals and Preclusion

Question 1

Where must a party wishing to appeal a district court order appeal?

Answer 1

The court of appeals for the circuit in which the district court sits.

Question 2

Where is the only place to appeal a court of appeals order or judgment?

Answer 2

United States Supreme Court.

Question 3

Federal circuit courts have jurisdiction to hear appeals seeking?

Answer 3

1. Final Judgments
2. An order for preliminary injunctive relief
3. An order certifying a class
4. An order that has been certified by the district court

Or

5. A Collateral order.

Question 4

What is a final judgment?

Answer 4

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.

Question 5

When is preliminary injunctive relief appealable?

Answer 5

Immediately for either the granting or denying of a:

1. Preliminary injunction;
2. Temporary restraining order (TRO).

Question 6

What judgments are immediately appealable?

Answer 6

1. Preliminary injunctive relief;
2. Class certification; or
3. Certified order.

Question 7

When can you appeal a class certification?

Answer 7

Any party may immediately appeal a district court decision granting or denying a motion to certify a class in a putative class action suit.

Question 8

What are the elements of a certified order?

Answer 8

The order involves a controlling question of law

+ The issue of law is one on which there is substantial difference of option

+ An immediate appeal will materially advance the ultimate resolution of the action.

Question 9

The collateral order doctrine permits a party to appeal an order if what three conditions are met?

Answer 9

The order pertains to a matter unrelated to the merits (i.e., collateral to the merits)

+ The order conclusively decides a particular issue

+ Delaying appeal until a final judgment has issued would effectively deny appellate review of the issue.

Question 10

List the Standards of Review.

Answer 10

1. De Novo;
2. Clearly Erroneous; and,
3. Abuse of Discretion Standard.

Question 11

What is the standard of review applied when a lower court made an error in its assessment of the law?

Answer 11

De novo.

Question 12

Define de novo review.

Answer 12

The appellate court grants no deference to the lower court application of law and applies the law to the facts and arrives at a decision.

Question 13

What is the standard of review when an appellant claims a factual mistake by the lower court?

Answer 13

Clearly erroneous.

Question 14

What is the standard of review when trial courts are imbued with significant discretion in their rulings?

Answer 14

Abuse of Discretion Standard.

Question 15

When can appellate courts affirm an error of a lower court?

Answer 15

When the error was harmless.

Question 16

When must appellate file notice of appeal?

Answer 16

Within 30 days of the final judgment or order or you are appealing.

Question 17

Where do you file a notice of appeal?

Answer 17

The District Court.

Question 18

When must appellate file a notice of appeal for an order granting or denying class certification?

Answer 18

Within 14 days.

Question 19

If a post trial motion has been filed and the court denies the motion, when must appellant file a notice of appeal?

Answer 19

30 days from denial.

Question 20

What does claim preclusion do?

Answer 20

It bars claimants from relitigating a case that they have already lost.

Question 21

When does claim preclusion occur?

Answer 21

When one lawsuit is resolved and one is pending.

Question 22

What are the elements of claim preclusion?

Answer 22

Same parties on the same side of the v

+ Claim from same transaction or occurrence in prior suit

+ A valid prior judgment on the merits.

Question 23

What is claim preclusion also called?

Answer 23

Res Judicata.

Question 24

When is a judgment not on the merits?

Answer 24

When a case is dismissed for:

1. Lack of personal jurisdiction;
2. Lack of subject matter jurisdiction; or,
3. Lack of venue.

Question 25

Is there claim preclusion when a voluntary dismissal occurs?

Answer 25

1. Yes: if prejudiced;
2. No: if not with prejudice.

Question 26

What is the effect of issue preclusion?

Answer 26

It bars the relitigation of issues even in cases not involving the same parties.

Question 27

What are the elements for issues preclusion?

Answer 27

The issue must have been litigated and determined

+ The issue was essential to judgment (i.e. 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.

Question 28

When does a party have incentive to litigate satisfying the requirements of issue preclusion?

Answer 28

When the party in the first action is in privity with the current party.

Question 29

What is it called when you prevent someone from litigating an issue by claiming issue preclusion?

Answer 29

Collateral Estoppel.