Finality + Review

Question 1

Finality + Appellate Review: Finality (res judicata)

Answer 1

A claim, and all claims from the same transaction or occurrence that have been litigated to a final judgment on the merits, cannot be re-litigated by the parties, including all absent class members receiving due process.

Question 2

Finality + Appellate Review: Collateral Estoppel

Answer 2

An issue which has already been fully and fairly litigated as part of a final judgment on the merits cannot be re-litigated by the parties, including absent class members who received due process

Question 3

Finality + Appellate Review: Finality Template (Res Judicata + Collateral Estoppel)

Answer 3

The parties, including absent class members who received due process, are barred from re-litigating claims or issues which those parties have fully and fairly litigated to a final judgment on the merits.

Question 4

Finality + Appellate Review:

Answer 4

As a rule, only a final order in the lower court can be appealed right away, except a partial final order that resolves some claims against some parties if a lower court finds no just reason to delay the appeal.

Question 5

Finality + Appellate Review: Interlocutory (not final) Orders

Answer 5

Interlocutory orders can be appealed right away if both the trial court and the appellate court agree on three things. (1) There is doubt about whether the order was correct on a (2) controlling question of law such that, (3) immediate appellate review would materially advance the lawsuit.

Any order granting or denying class certification may be immediately appealed.

Question 6

Appellate Review:

Answer 6

Pure questions of law may be reviewed de novo.

Factual questions must be clearly erroneous

Managerial decisions are reversed only if there has been abuse of discretion.