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
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, 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 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 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)
After a bench trial, a federal judge issued an opinion saying the defendant wins and directing the clerk to close the case. The opinion was entered on the civil docket, but no separate judgment document was entered. T...
Citations: Fed. R. Civ. P. 58, Fed. R. App. P. 4(a)(7)
After final judgment in a federal civil case, the appellant challenges a statutory interpretation ruling, a factual finding made by the judge after a bench trial, and an evidentiary ruling excluding a late-disclosed e...
Citations: Fed. R. Civ. P. 52(a), Fed. R. Civ. P. 61
At the end of a federal civil trial, the judge declined to give the defendant's requested jury instruction. The defendant did not object on the record after the instructions were settled. The jury returned a verdict f...
Citations: Fed. R. Civ. P. 51, Fed. R. Civ. P. 61, Fed. R. Evid. 103
During a federal civil case, the district court ordered a party to produce documents over a privilege objection and also denied the party's motion for summary judgment. The party seeks immediate appeal under the colla...
Citations: 28 U.S.C. 1291, Cohen v. Beneficial Industrial Loan Corp., Mohawk Industries, Inc. v. Carpenter
...efendant wants to stop discovery and proceed directly to the court of appeals. Which statement is most accurate? A certified interlocutory appeal under Section 1292(b) still requires permission from the court of appeals...
Citations: 28 U.S.C. 1292(b), Fed. R. App. P. 5
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