Appeal
§1291
The final judgment requirement states that only final decisions may be appealed
Condition 1
Conclusively determine the disputed question
Claim Preclusion (Res judicata) (Frier, Taylor)
Claim preclusion bars the relitigation of claims arising from the same transaction when the case concerns the same claim as a prior action and is being litigated by the same parties, or parties in privity, to the prior action once there is a final judgment on the merits.
Court-awarded legal remedies (Gore)
Courts may award legal remedies such as compensatory damages (economic or non-economic) and punitive, subject to constitutional limits and proportionality
FRCP 55 (Peralta)
A defendant who fails to respond to a complaint, served timely and properly, can have a default judgment entered against them
§1292(a)
Non-final orders may be appealed if they fall within §1292(a) as an injunction or an interlocutory judgment that satisfies the Cohen test, involving a (1) controlling legal issue with (2) substantial grounds for disagreement whose resolution may (3) advance the termination of the case. Lauro Lines.
Condition 2
Resolve an important issue completely separate from the merits of the action
Issue Preclusion (Collateral Estoppel) (Illinois Central)
Issue preclusion bars relitigation of (1) factual or legal issues that were (2) actually litigated and determined (3) subject to a valid and final judgment with jurisdiction and notice, (4) where the determination was essential to the judgment and (5) the party bound had a full and fair incentive to litigate in that forum.
Equitable Remedies
Equitable remedies, including injunctions and specific performance, when legal remedies are inadequate.
Pleading -- FRCP 9(b) (Stradford)
Requires that a party must state with particularity the circumstances of fraud or mistake in order to afford the litigant accused notice. Stradford.
De novo with no deference
The appellate court reviews lower court findings under the scope of law: de novo with no deference to the lower court accepting the facts as found by trial court
Condition 3
Be effectively unreviewable on appeal from a final judgment
Issue Preclusion (Parklane)
Issue preclusion can be used defensively to promote efficiency, but not offensively because of fairness considerations
Injunctive Relief requires. . . (Winter)
Injunctive relief requires a showing of irreparable harm.
FRCP 52(a)
Clearly erroneous standard
§§2201-02, Declaratory Judgments
Declaratory judgments under §§2201-02 may clarify parties’ rights without coercive relief and carry the effect of a final judgment.
§2111 (Bessemer City, Van Zee)
Abuse of discretion, disregarding harmless errors that do not affect substantial rights
FRCP 65 (TROs - Temporary and provisional remedies)
Temporary and provisional remedies, such as TROs or preliminary injunctions, may be issued to preserve the status quo pending trial; TROs may be granted ex parte in emergencies, while preliminary injunctions generally require notice, evidence, and argument under Rule 65