1. WHERE WE ARE & WHAT WE’RE DOING
Pleading
Pre-trial
Trial & Post-trial
Judge/jury relationship
New Trial
Appeal

2. WHERE WE ARE & WHAT WE’RE DOING
Pleading
Pre-trial
Trial & Post-trial
Appeal
Who can appeal?
Finality

3. APPEAL Overview Appeal judgments, not reasoning
Losing parties (“adversity”)
No waiver
Final judgments

4. APPEAL Who Can Appeal? Aetna C. & S. Co. v. Cunningham,
p. 755, note 2
Pl. Aetna Def. Cunningham (insured)
Loss from failure to complete bldg. project
Req’d to repay under policy Pl. wins
Fraud Pl. loses

5. APPEAL Waiver Waiver Practical problems “Be fair to your trial judge”
Avoid unnecessary appeals
Practical problems
Juggling multiple issues
Clinic case

6. APPEAL Finality The Basic Rule 28 U.S. C. § 1291
Appeal lies from “all final decisions”

7. APPEAL Finality The Practical Questions What’s a “final decision”?
Bureaucratic requirements
What’s the paperwork?
How do parties know when judgment is entered?

8. APPEAL Finality What’s a final decision? Ends the lawsuit On merits
Judgment
after bench trial
on jury verdict
JML rejecting verdict

9. APPEAL Finality What’s a final decision? Ends the lawsuit On merits
Judgment
after bench trial
on jury verdict
JML rejecting verdict
Procedurally
Wrong court
12(b)(1),(2),(3) - no SMJ, PJ, venue
Doesn’t state claim
12(b)(6)
Default

10. APPEAL Finality What’s a final decision? A Complication: FR 54(b)
More than 1 claim for relief
Court may direct final judgment on < all
Express determination
No just reason for delay
Express direction for entry of judgment

11. APPEAL Finality Liberty Mut. Ins. Co. v. Wetzel, p. 764
Who raised issue of appellate jurisdiction?
Cf. Grant of declaratory relief
Why consider alt. bases of jurisdiction?

12. APPEAL Finality The Policy Concerns versus Judicial economy Fairness
“avoid piecemeal appeals
versus
Fairness
“Correct” decisions on merits