Appeals and Preclusion Flashcards
What kinds of appeals may a federal appellate court review?
i) Final judgment
ii) Order pertaining to preliminary injunctive relief (can appeal immediately after injunction issued)
iii) Order pertaining to certification of a class
iv) Order that has been certified by the district court for appeal
v. Collateral order
What three conditions must be met in order for an order to be “certified” by the district court for appeal?
(a) Order involves a controlling question of law;
(b) Issue of law is one on which there is substantial difference of opinion; and
(c) Immediate appeal will materially advance the ultimate resolution of the action
Which three conditions must be met for a collateral order to be appealed?
(a) Order pertains to matter unrelated to merits (hence “collateral”);
(b) Order conclusively decides a particular issue; and
(c) Delaying appeal until a final judgment has issued would effectively deny appellate review of the issue
What are three standards of appellate review?
- de novo
- clearly erroneous
- abuse of discretion
When is de novo review applied?
For questions of law. The appellate court gives no deference to lower court; it addresses the legal issue as if it has never been addressed
When is clearly erroneous review applied?
For questions of fact. The appellate court will affirm unless it is clearly erroneous. It is irrelevant whether the appellate judges might have decided the factual issue if they were trial judges or members of the jury – only
inquiry is if “clearly” was wrong.
When is abuse of discretion review applied?
For inherently discretionary questions, the appellate court will defer to the trial court unless it abused its discretion
What is the harmless error rule?
May affirm if there was error but it did not prejudice
When can an appeal be waived?
Can waive appeal if fail to challenge the decision at the time the lower court made it
When must the appellant file notice of appeal?
Appellant must file notice within 30 days of the judgment (or within 30 days of the order that is the subject of the appeal)
What is an exception to the 30-day rule for notice to appeal?
Where appeal is on class cert, only have 14 days
How do post-trial motions affect the timing of an appeal?
If post-trial motion has been filed (renewed motion for JMOL, new trial, relief from judgment) and it is denied, a new 30-day period beings to run from the date of the denial.
If granted, judgment is no longer final and no appeal is permissible unless the order can be certified or characterized as a collateral order
What is res judicata?
It is a claim preclusion doctrine that bars claimants from relitigating a case they already lost
What are the elements of res judicata?
i) Between the same parties and those who are in privity with them;
ii) Arising out of the same transaction or occurrence underlying the prior suit; and
iii) That was determined on the merits by a court with proper subject-matter and personal jurisdiction
When was a claim decided on the merits, and thus the claim is precluded under res judicata?
On the merits = involved an inquiry into the merits of P’s claim, or the claim was dismissed with prejudice
The judgment is not on the merits if it is a dismissal for lack of PJ, SMJ, or venue
