class 15 Appeals Continued, Scope of Review

Question 1

review of appeal so far

Answer 1

Who can appeal?
A party who received an adverse judgment
Aetna v. Cunningham example
Must have raised the issue below
Basis for motion, objection to evidence, etc.
When can you appeal?
Final Judgment Rule – § 1291
Liberty Mutual: court had not ruled on plaintiffs’ requests for relief
Rule 54(b): final judgment as to claim/party but not entire case
Interlocutory appeals under § 1292(a) and (b)

Question 2

collateral order doctrine

Answer 2

appeal allowed from prejudgment orders that finally determine claims of right separable from, and collateral to, rights asserted in the action, too important to be denied review and too independent to require deferral

Question 3

3 reqs for Cohen exemption

Answer 3

1. must conclusively determine the disputed question
2. must resolve an important issue completely separate from the merits of the action; and
3. must be effectively unreviewable on appeal from a final judgment.
   Which condition was not met here? Why not?

Question 4

different bases for an appeal

Answer 4

From the grant/denial ofa motion
From errors committed during jury trials
Evidence improperly admitted, jury instructions improper, etc.
From errors in findings from non-jury trials
Findings of Fact and Conclusions of Law

Question 5

Rule 52 (a)

Answer 5

In all actions tried upon the facts without a jury, the court shall find the facts specially and state separately its conclusions of law thereon . . . Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses. . .

Question 6

standard of review on appeal

Answer 6

De Novo
Abuse of Discretion
Clearly Erroneous

Did the trial court [err] or [abuse its discretion] or [clearly err]
in [granting, denying, admitting, finding, etc.]
[the motion, the evidence, that D discriminated, etc.]?

Question 7

Sec. 2111 Harmless Error

Answer 7

Courts must not reverse on appeal on the basis of “errors or defects which do not affect the substantial rights of the parties”

Would the outcome of the case be the same even if the lower court had gotten it right?