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0 tracked cards Civil Procedure

In a federal case, the district court denied a motion to dismiss after deciding a disputed statutory interpretation issue that could end the case if resolved the other way. The court certified the order under Section 1292(b). The defendant wants to stop discovery and proceed directly to the court of appeals.
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Section 1292(b) requires a controlling question of law, substantial ground for difference of opinion, and a finding that immediate appeal may materially advance the ultimate termination of the litigation; the court of appeals must still permit the appeal. The district court may certify a pure factual dispute for appeal whenever discovery is expensive. A party invokes Section 1292(b) by filing a standard notice of appeal after any nonfinal order. Section 1292(b) applies only to injunction orders.

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