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 statemen...
Citations: Fed. R. App. P. 4(a)(4), Fed. R. Civ. P. 59
...ndings. AlpineGear sells all clips to a German assembler, which sells completed bindings to an independent distributor in New York. AlpineGear has no office, employees, property, advertising, direct sales, customer list...
Citations: World-Wide Volkswagen Corp. v. Woodson, J. McIntyre Machinery, Ltd. v. Nicastro, Walden v. Fiore
...ages, and pain and suffering. Delta Drones argues that diversity is incomplete because LiftPoint LLC has a State A member through Ridge Capital LP. Amara argues that LiftPoint should be treated like a corporation with ci...
Citations: 28 U.S.C. 1332, Hertz Corp. v. Friend, Carden v. Arkoma Associates
...istrict 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-appeal requiremen...
Citations: Fed. R. App. P. 3, Fed. R. App. P. 4(a)(1)
A plaintiff files a state-law negligence action in State A court. Complete diversity and the amount in controversy are present, but one properly joined and served defendant is a citizen of State A. Which statement best d...
Citations: 28 U.S.C. 1441(b)(2)
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 exhi...
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 for...
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 collater...
Citations: 28 U.S.C. 1291, Cohen v. Beneficial Industrial Loan Corp., Mohawk Industries, Inc. v. Carpenter
...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
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)
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)
...directing the clerk to close the case. The opinion was entered on the civil docket, but no separate judgment document was entered. The losing party is calculating the deadline to appeal. Which statement best describes ju...
Citations: Fed. R. Civ. P. 58, Fed. R. App. P. 4(a)(7)
...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
...transfer of the whole lot. Joining the second co-owner would destroy complete diversity. Which statement is most accurate? The correct answer captures the two-step Rule 19 structure: required if feasible, then equity-an...
Citations: Fed. R. Civ. P. 19
...endant moves to dismiss for failure to join the brother, arguing that complete relief and title certainty are impossible without him and that joining him would destroy diversity. The brother is subject to service but ref...
Citations: Fed. R. Civ. P. 19, Fed. R. Civ. P. 21, 28 U.S.C. 1332
...ny's service logs for her account, the technician's installation checklist, and deposition testimony from the technician and operations director. It explains that those materials are expected to show whether the door sen...
Citations: Fed. R. Civ. P. 56(d), Fed. R. Civ. P. 56(a)
...h two plaintiffs and three defendants. Which statement best describes complete diversity? The correct answer states the complete-diversity requirement. 28 U.S.C. 1332, Strawbridge v. Curtiss
Citations: 28 U.S.C. 1332, Strawbridge v. Curtiss
...lost after the court ruled that the records were exempt. Nia, a journalist who sometimes volunteers with the group, did not fund the litigation, choose counsel, control strategy, testify, or agree to be bound by the resu...
Citations: Taylor v. Sturgell
...record includes facts suggesting that practice was unreasonable or incomplete in this setting. The opponent argues that custom ends the analysis. How should the court, tribunal, or decision maker resolve the dispute? Di...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
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