Appellate Review and Claim and Issue Preclusion

Question 1

What is reviewed in appeal?

Answer 1

Review potential errors on questions of law, not questions of fact.

Review is deferential, especially concerning case management and fact-finding issues

Question 2

Final judgment rule (appeals)

Answer 2

Appeal may only be taken from a final judgment, meaning trial court has made an ultimate decision on the merits of the entire case.

That means that without final judgment or some basis for interlocutory appeal, appellate courts lacks Jx

Question 3

Exceptions to Final Judgment Rule

Answer 3

The following are appealable without final judgment:

1. Orders involving injunctions: entitled to interlocutory appeal
2. Orders involving certification of class actions - may be appealed in discretion of Courts of Appeals
3. Orders involving debatable questions of controlling law

Question 4

Final judgment rule when multiple claims and/or parties? What is appealable?

Answer 4

Trial court may enter final judgment as to one or more parties and/or claims, which is then appealable only to the extent the court makes an express determination that there is no just reason for delay.

That means: IT DEPENDS ON WHAT THE COURT SAYS

When a court grants summary judgment on some but not all of the claims in an action, the court’s order is not final and thus not appealable unless the court expressly determines that there is no just reason to delay entry of judgment. Unless the trial judge makes that express determination, its order determining the merits of fewer than all of the claims is not a final judgment and is not appealable

Question 5

What is the timing to file an appeal?

Answer 5

Must file notice of appeal in District court within 30 days of entry of final judgment

Question 6

What is the General rule (Appellate review)?

Answer 6

Only final orders are appealable, but some interim (interlocutory) orders may be appealed before final judgment

Question 7

What Interlocutory orders are reviewable as right?

Answer 7

1. Injunctions: Orders concerning an injunction
2. Receivers: Orders concerning appointment of receivers
3. Patent Infringment: orders where only an accounting is left in the case
4. Decrees in admiralty cases that find liability but leave damages to be assessed later
5. Property: orders affecting property (e.g. attachment)

Question 8

What does the Interlocutory Appeals Act (IAA) says?

Answer 8

It states than an appellate court may hear appeal of a non-final order if:

(i) the trial judge certifies that the order involves a controlling question of law as to which there is substantial ground for a difference of opinion and
(ii) an appeal would materially advance the conclusion of the case, and
(iii) at least two appellate court judges agree to hear the appeal.

Question 9

Can a Class Actions decision be subject to Appellate Review?

Answer 9

An appellate court may review an order granting or denying class certification

Question 10

What is a Collateral order exception? What are the conditions for it?

Answer 10

An exception to the general rule (only final decisions are appealable), when an interlocutory issue has the following conditions:

1. Too distinct from the merits of the case (i.e. collateral)
2. Too important to be denied review: and
3. Would essentially be unreviewable if parties waited for final judgment

Question 11

What is an extraordinary writ? requirements?

Answer 11

An action where a party aggrieved by an unappealable order may seek a writ to compel or prohibit lower court action;

Must show that irreparable harm will occur and normal route of appeal is inadequate

Question 12

Defensive use of issue Preclusion?

Answer 12

• Defensive use of prior judgment: D seeks to prevent P from relitigating an issue P lost in a prior suit against a different party
  
  • Allowed if the party against whom issue preclusion is asserted had a full chance to litigate the issue previously
  • For example, a D in case 2, can preclude P from relitigating an issue that same P lost against another D in case 1.

Question 13

Issue Preclusion use?

Answer 13

Non-mutual issue preclusion may be used defensively or offensively although courts are reluctant to allow offensive use.

There is a discretionary element: When a nonparty wants to use a previous judgment offensively, the court must consider whether it would be fair and equitable to allow the nonparty to do so

Question 14

Offensive use of prior judgment.

Factors for acceptance?

Answer 14

Offensive use of prior judgment - P seeks to prevent D from relitigating an issue that D previously lost in a prior suit against a different party; highly disfavored and rarely allowed

• Court will allow only if deemed fair after balancing factors
• Factors
  
  • Whether party against whom prior judgment is asserted had full and fair opportunity to litigate
  • Whether party could foresee multiple suits being filed
  • Whether issue preclusion was unavailable in prior action
  • There are no inconsistent judgments on the record

Question 15

What is Claim Preclusion? (Res Judicata)

When it needs to be raised?

Answer 15

A party that has had an opportunity to litigate a claim cannot relitigate the claim once final judgment has been rendered

Claim preclusion is an affirmative defense - should be raised in D’s answer

Question 16

Claim Preclusion requirements?

Answer 16

1. Same parties on same configuration
2. Same claim in first and subsequent suit
3. Final judgment on the merits in the original claim
   
   • (even if appealed)
   • (Jurisdiction, Venue or indispensable parties, not merits everything else is on the merits.​

Question 17

Claim preclusion: When a judgment is final on the merits?

Answer 17

When the judgment is not related to Jurisdiction, venue or the lack of an indispensable party

Question 18

Claim Preclusion: When a judgment is on the same claim

Answer 18

Two positions:

1. Majority: same claim includes everything related to the T/O or series of T/O giving rise to action;
   
   • Even if not previously raised claim can be precluded if it is sufficiently related to prior claims
2. Claims can be separated according to the rights (eg. Damages and personal injury)

Question 19

Issue Preclusion (Collateral Estoppel)

Answer 19

Prevents relitigation of particular issues of fact or law that have been actually litigated and previously determined

It narrower than claim preclusion; does not preclude the whole claim, just the same issue

Claim preclusion only requires opportunity to litigate

Question 20

Issue Preclusion requirements?

Answer 20

Requirements

1. The case where it was discussed ended in a final judgment on the merits
2. Same issue actually litigated and decided in the first case(trial and decision)
3. It is used against the same party from a previous case
4. Issue was essential to the judgment (basis of, the judgment would have been different in the first case absent litigation of this issue)

Question 21

Who may assert issue preclusion

Answer 21

Two views:

1. Mutually (Traditional view) - only parties to prior litigation can assert issue preclusion
2. Non-mutually (modern view) - issue preclusion may be asserted by those who were parties in the prior litigation

Question 22

Differences between Issue and Claim preclusion?

Answer 22

1. Claim
   
   • Precludes the whole claim
   • Claim preclusion only requires opportunity to litigate
2. Issue
   
   • Narrower than Claim Preclusion
   • precludes only the issue.
   • Issue must have been actually litigated