Appealability and Rule of Law / Erie

Civil Procedure

Notice to Appeal

Filing must occur within 30 days of judgment

Grounds for Appeal

1. Objections made at trial

2. Must state grounds

3. Waived if not preserved

Appeals are based on

Questions of law (unless factual issue was clearly erroneous)

Appealing Errors

• The outcome would have been DIFFERENT

• No appeal if error was HARMLESS

Only ______ may be appealed

FINAL JUDGMENTS

NOT a FINAL JUDGMENT ON THE MERITS

Interlocutory Order

Judge issues an order before a final judgment

Can you generally appeal an interlocutory order?!

NO! (There hasn’t been a final judgment)

Collateral Order Exception

A collateral order may be appealed if the order determines a right that is collateral to the main issue and the delay would seriously impair that right

Collateral Order Requirements

1. Conclusively determines that disputed question

2. It resolves an important issue completely separate from the merits of the action

3. Delay would cause irreparable damage

NOT final judgments (i.e. NOT APPEALABLE)

1. Lack of jurisdiction

2. Improper venue

3. Failure to join an indispensable party

Multiple claims - what is appealable?

If the judge enters an order on one claim, it is not a final judgment unless the court finds there is NO REASON FOR DELAY and enters a final judgment

Multiple Claims

• One resolved claim is NOT a final judgment

• Unless the court finds “no reason for delay”

Denial for Summary Judgment

NOT appealable until after the trial is over

Order for New Trial

NOT appealable

Partial Final Judgment

Generally, not issued by judges because there is potential for piecemeal appeals

APPEALABLE

1. Injunctions (granting or denying)

2. Class actions (certification or denial)

Standards for Review on Appeal - Issues of LAW?

De novo review

Standard of Review - court decision - relevancy, prejudice, admitting evidence

Abuse of discretion

Standard of Review - ISSUES OF FACT?

Clearly erroneous

Erie Doctrine - what is it?

• Choice of law

• Applies to DIVERSITY CASES

Federal vs state law - Erie Question

Apply substantive state law unless the issue is procedural, then apply federal law (example: FRCP)

Venue - Erie Question

Venue is procedural, so apply federal law

Statute of Limitations - Erie Question

SOL is considered STATE SUBSTANTIVE LAW, so apply state law

State A vs State B law - Erie Question

Apply the law where the case is being heard (where the federal court sits)

Temporary Restraining Order (TRO) - elements?

• Can be granted without prior notice if it appears that immediate irreparable harm will result

• Expires at the time stated in the order but cannot be longer than 14 days

Preliminary Injunction - what must be proved?

If the injunction is not granted:

1. Irreparable harm will occur

2. Likely to succeed on the merits of the case

3. The harm to the moving party from not granting the injunction outweighs the harm to the nonmoving party if it is granted