Appellate Procedure Flashcards
Interlocutory Appeal (1292) and its Forms
Not a guarantee–requires discretion of the District Court
(1) Final decision
(2) Based on facts separate from the individual rights asserted in the main claim
- Injunctions
- Denial of Class certification – discretionary
- Special writs – discretionary
Notice of Appeal
Must be given within 30 days of the judgment
If a federal party is involved, 60 days
Res Judicata (Claim Preclusion)
Final judgment (decision rendered, and relief is dispersed) forecloses successive litigation of the very same claim, whether or not relitigation of the claim raises the same issues as the earlier suit
Res Judicata Elements
(1) Valid and final judgment
(2) On the merits of the claim (state law, or federal common law)
(3) Precludes later litigation by the same parties
(4) Arising from the same transaction or occurrence
Collateral Estoppel (Issue Preclusion)
(1) Same issue being disputed
(2) Actually litigated issue
(3) Determined by a valid and final judgment
(4) The determination (of that issue) is essential to the judgment
(5) Becomes conclusive on subsequent actions between the parties–whether or not on the same or different claim
Non-Party Preclusion
Nonparties to a suit are not precluded from bringing an individual claim
Choice of Law Application (Preclusion)
Apply the law of the original court. Federal v. State / Arising under federal v. state
Full Faith and Credit Clause
All holdings shall have full faith and credit within every court in the United States and its territories as they do in the place from which they are taken
Offensive Collateral Estoppel
(1) Whether the party issuing preclusion could have easily joined the prior action
(2) Whether it would be unfair to the defendant that (evaluate potential factors)
Defensive Collateral Estoppel
Preventing judgment being sought against them based upon a prior resolved suit
Rule of Mutuality and the Vicarious Liability Exception
Original rule: collateral estoppel only applies to the same parties of a previous action and their privies
Vicarious Liability Exception: Where a final judgment has been entered on a party who could be sued for negligence vicariously, the issue is estopped upon that other party
Right to Appeal (Generally)
Appellate courts have jurisdiction over final decisions of the U.S. District Courts – “a final decision ends on the merits and leaves nothing for the court to do but execute the judgment.”
Collateral Orders (Interlocutory Appeal)
1) conclusively resolve an important issue completely separate from the case not likely to be brought on appeal again, or a very similar issue; and
2) are effectively unreviewable on appeal from a final judgment only when the value of the rights would be destroyed if not vindicated before trial
May include orders for qualified immunity (including on motions for summary judgment) only when they turn on pure issues of law. That is because the value of qualified immunity, to protect officials from certain scrutinies, cannot be remedied after trial. See Johnson v. Jones.
FRCP 54(b) – Judgments with multiple claims and parties
The final decision may be entered on a claim with multiple parties or claims if the court there is no just reason for delay.
Otherwise, a resolution of fewer than all claims or parties does not qualify as a final decision.
General Bases for Appeals
- Final decisions of District Courts
- District Court orders on injunctions
- 1292(b): 1) Involve a difficult controlling question of law for which immediate appellate court input would be helpful; and 2) Are certified as such by the district court judge. See 28 U.S.C. § 1292 (b).
- U.S. courts of appeals may choose to exercise appellate jurisdiction after a party files a petition for special writ (such as a petition for a writ of mandamus). See 28 U.S.C. § 1651.
FRCP 54(a) - Judgments on Multiple Claims and Parties
Decisions are not to be considered final if all issues/parties are not resolved unless the Court certifies/directs entry of final judgments as to fewer than all claims given there is no just reason for delay.
– Does not apply to lack of final judgment on complete claims: e.g., ruling on the claim but not on the damages –
Supreme Court Jurisdiction
1) Original: cases between U.S. states
2) Appellate: cases appealed from three-judge U.S. district court panels
3) Discretionary:
(a) Appeals from the US court of Appeals (writ or certified for appeal)
(b) Appeals from state’s highest court (writ)
Standards of Review
Pure questions of law – de novo
Pure questions of fact – clear error
Mixed questions – de novo
Discretionary decisions - abuse of discretion
