appeals

Question 1

Interlocutory Appeals Act

Answer 1

allows appeals of nonfinal orders where
1. trial judge certifies that order invovles a controlling Q of law as to which there is substantial ground for difference of opinion (and appeal would materially advance conclusion of case)
2. at least two appellate judges agree to hear appeal

Question 2

how many days after entry of final judgment do you have to file notice of appeal?

Answer 2

30, unless the United States is a party, in which case you have 60.

Question 3

when an action involves multiple claims or parties and the court enters a judgment as to some of the claims or parties, the judgment is…

Answer 3

deemed a final, appealable order only to the extent the court makes an express determination that there is no just reason for delay

Question 4

when the court grants summary judgment on some but not all claims in an action…

Answer 4

the court’s order is NOT final and is not appealable unless the court expressly determines that there is no just reason to delay entry of judgment

absent this determination, partial summary judgment NOT appealable

Question 5

appealing error in jury instructions

Answer 5

• appeals get abuse of discretion IF party timely objects on the record before instructions are given
• appeals get plain error if no timely objection made (or preserved) on the record

Question 6

what standard of review does appellate court use for post-trial motions of judgment as a matter of law?

includes renewed motions JMOL

Answer 6

de novo review because it’s an issue of law

Question 7

standard of review for denial of motion for new trial

Answer 7

abuse of discretion (clear showing)

Question 8

what happens when renewed motion for JMOL and MNT are made in the alternative and court granted renewed JMOL?

Answer 8

court will rule hypothetically on motion for new trial so that if the ruling on JMOL is reversed on appeal, no remand is necessary to handle the MNT

Question 9

court may relieve a party from final judgment or order if…

Answer 9

• there was mistake, inadvertence, surprise, or excusable neglect (made within reasonable time <1 year)
• there is newly discovered evidence that by due diligence could NOT have been discovered in time to move for a new trial (made within reasonable time <1 year)
• there was fraud, misrepresentation, or other misconduct by adverse party (made within reasonable time <1 year)
• the judgment is void (made within reasonable time)
• the judgment has been satisfied, released, or discharged (made within reasonable time)
• a prior judgment on which this judgment is based has been reversed or vacated (made within reasonable time)
• it is no longer equitable that the judgment should have prospective application (made within reasonable time)
• there is any other reason justifying relief (made within reasonable time)