Appeals Flashcards
(11 cards)
Rights to appeal when final judgment is given w/r/t some claims or some parties but not all
Generally, not a final judgment. But, immediate appeal may be allowed if trial judge makes express determination that there is no just reason for delay.
When may a court extend the time for appeal by 14 days?
1) Party did not timely receive notice of entry of judgment; 2) Motion for extension is filed w/in 180 days of judgment or w/in 14 days of receiving notice of judgment, whichever earlier; and 3) Opposing party will not be prejudiced
When is an interlocutory order appealable as of right? (List 3)
Injunctions, patent infringement, property possession cases
When is an otherwise non-appealable interlocutory order appealable?
1) Trial judge certifies that (a) IO involves controlling Q of law, as to which there is substantial ground for difference of opinion and (b) immediate appeal from IO may materially advance ultimate termination of the litigation, and 2) 2 appellate judges agree to allow the appeal
When may an order denying class certification reviewable?
At the court’s discretion, within 14 days after entry of order
What standard of review is given for errors based on matters of law?
De novo
What standard of review is given for errors based on matters of fact?
Plain error/clearly erroneous
What standard of review is given for errors based on trial judge’s exercise of discretion?
Abuse of discretion
What standard of review for denial of JMOL?
De novo
What standard of review for erroneous jury instructions?
If timely objection, abuse of discretion. If not, plain error.
What standard of review for denial of motion for new trial?
Abuse of discretion
