...summary judgment on a contract interpretation issue. The losing party appeals after final judgment. What standard of review generally applies? This question tests appellate review of summary judgment. 28 U.S.C. 1291, 28...
Citations: 28 U.S.C. 1291, 28 U.S.C. 1292, Fed. R. Civ. P. 54(b), Fed. R. Civ. P. 58, Fed. R. App. P. 3, Fed. R. App. P. 4(a)
While appeals are pending, Congress enacts a statute saying the Supreme Court lacks appellate jurisdiction over the category of cases and that all pending cases must be dismissed because the government's legal position i...
Citations: Ex parte McCardle, United States v. Klein, Marbury v. Madison
While appeals are pending, Congress enacts a statute saying the Supreme Court lacks appellate jurisdiction over the category of cases and that all pending cases must be dismissed because the government's legal position i...
Citations: Ex parte McCardle, United States v. Klein, Marbury v. Madison
While several appeals were pending in the Supreme Court from lower federal-court judgments against the United States, Congress enacted a statute providing: "The Supreme Court shall have no appellate jurisdiction over thi...
Citations: U.S. Const. art. III, sec. 2, Ex parte McCardle, United States v. Klein, Marbury v. Madison
While several appeals were pending in the Supreme Court from lower federal-court judgments against the United States, Congress enacted a statute providing: "The Supreme Court shall have no appellate jurisdiction over thi...
Citations: U.S. Const. art. III, sec. 2, Ex parte McCardle, United States v. Klein, Marbury v. Madison
...scribes Rule 54(b)? The answer gives the exact Rule 54(b) gateway for appeals from partial final judgments. Fed. R. Civ. P. 54(b), 28 U.S.C. 1291
Citations: Fed. R. Civ. P. 54(b), 28 U.S.C. 1291
A federal district court entered final judgment for the defendant in an ordinary civil case between private parties. The plaintiff wants to appeal as of right. Which statement best describes the ordinary notice-of-app...
Citations: Fed. R. App. P. 3, Fed. R. App. P. 4(a)(1)
After a bench trial in federal court, the judge announced from the bench on May 1 that judgment would be entered for the defendant. The clerk entered a docket entry on May 2 stating, "Court finds for defendant; case c...
Citations: Fed. R. Civ. P. 58, Fed. R. App. P. 4(a)(1), Fed. R. App. P. 4(a)(2), Fed. R. App. P. 4(a)(4), Fed. R. App. P. 4(a)(7)
After final judgment in a federal civil case, the losing party timely filed a Rule 59 motion for a new trial. Before the district court ruled on that motion, the losing party also filed a notice of appeal. Which state...
Citations: Fed. R. App. P. 4(a)(4), Fed. R. Civ. P. 59
At trial, a party objected to an expert answer only by saying, "Objection," without identifying hearsay, foundation, or Rule 403 grounds. On appeal, the party argues a specific hearsay ground that was not apparent fro...
Citations: 28 U.S.C. 1291, 28 U.S.C. 1292, Fed. R. Civ. P. 54(b), Fed. R. Civ. P. 58, Fed. R. App. P. 3, Fed. R. App. P. 4(a)
In a federal action with three claims, the district court granted summary judgment to the defendant on one claim but left two claims for trial. The court did not certify a partial final judgment. The plaintiff filed a...
Citations: 28 U.S.C. 1291, 28 U.S.C. 1292, Fed. R. Civ. P. 54(b), Fed. R. Civ. P. 58, Fed. R. App. P. 3, Fed. R. App. P. 4(a)
In a federal action with three claims, the district court granted summary judgment to the defendant on one claim but left two claims for trial. The court did not certify a partial final judgment. The plaintiff filed a...
Citations: 28 U.S.C. 1291
...t entered against it on liability. The owner argues that the court of appeals can review the architect ruling immediately because it ended the claim against that defendant and because the notice was filed within 30 days...
Citations: 28 U.S.C. 1291, 28 U.S.C. 1292, Fed. R. Civ. P. 54(b), Fed. R. Civ. P. 58, Fed. R. App. P. 3, Fed. R. App. P. 4(a)
...t entered against it on liability. The owner argues that the court of appeals can review the architect ruling immediately because it ended the claim against that defendant and because the notice was filed within 30 days...
Citations: 28 U.S.C. 1291, Fed. R. Civ. P. 54(b), Fed. R. App. P. 3, Fed. R. App. P. 4(a)(1), Fed. R. App. P. 4(a)(4)
...edging a deep split among district courts and no controlling court-of-appeals decision. The order also rejected the defendant's alternative argument that the complaint failed to plead damages, a fact-intensive issue the...
Citations: 28 U.S.C. 1292(b), Fed. R. App. P. 5
A district court admitted one document that should have been excluded, but several other properly admitted exhibits and witnesses proved the same point beyond dispute. Which appellate principle is most relevant? This...
Citations: 28 U.S.C. 1291, 28 U.S.C. 1292, Fed. R. Civ. P. 54(b), Fed. R. Civ. P. 58, Fed. R. App. P. 3, Fed. R. App. P. 4(a)
A federal court resolves all claims against one defendant but leaves claims against another defendant pending. The order says, "Appeal may proceed," but does not direct entry of judgment or find no just reason for del...
Citations: 28 U.S.C. 1291, 28 U.S.C. 1292, Fed. R. Civ. P. 54(b), Fed. R. Civ. P. 58, Fed. R. App. P. 3, Fed. R. App. P. 4(a)
...uyer had not proved lost profits with reasonable certainty. The buyer appeals all three rulings. The buyer argues that the court of appeals should review every issue from scratch because the final judgment is now on appe...
Citations: 28 U.S.C. 1291, 28 U.S.C. 1292, Fed. R. Civ. P. 54(b), Fed. R. Civ. P. 58, Fed. R. App. P. 3, Fed. R. App. P. 4(a)
A federal jury returned a verdict for a patient in a medical-device products case. During trial, the manufacturer objected generally that one expert's testimony was "improper," but it did not identify the hearsay grou...
Citations: 28 U.S.C. 1291, 28 U.S.C. 1292, Fed. R. Civ. P. 54(b), Fed. R. Civ. P. 58, Fed. R. App. P. 3, Fed. R. App. P. 4(a)
A former employee sued a pharmaceutical company in federal court for trade-secret misappropriation and retaliation. Early in the case, the district court entered a preliminary injunction barring the employee from disc...
Citations: 28 U.S.C. 1291, 28 U.S.C. 1292(a)(1), Cohen v. Beneficial Industrial Loan Corp., Mohawk Industries, Inc. v. Carpenter
A losing party files a timely Rule 59 motion to alter or amend the judgment. Before the district court rules on the motion, the party is calculating the appeal deadline. Which statement is most accurate? This question...
Citations: 28 U.S.C. 1291, 28 U.S.C. 1292, Fed. R. Civ. P. 54(b), Fed. R. Civ. P. 58, Fed. R. App. P. 3, Fed. R. App. P. 4(a)
A party seeks immediate appeal of an interlocutory order, arguing that the order is important and will affect litigation strategy, but the issue can be reviewed after final judgment. Which statement best describes the...
Citations: 28 U.S.C. 1291, 28 U.S.C. 1292, Fed. R. Civ. P. 54(b), Fed. R. Civ. P. 58, Fed. R. App. P. 3, Fed. R. App. P. 4(a)
A plaintiff won a federal jury verdict in a products-liability case. Before trial, the district court denied the defendant's Rule 12(b)(6) motion on a purely legal preemption issue. At trial, the defendant objected to...
Citations: Fed. R. Civ. P. 46, Fed. R. Civ. P. 51, Fed. R. Civ. P. 61, Fed. R. Evid. 103
A trademark owner sued a competitor in federal court and moved for a preliminary injunction barring use of a disputed logo during the case. The district court denied the preliminary injunction but set discovery and tr...
Citations: 28 U.S.C. 1292(a)(1)
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