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April 30, 2021

You are viewing: Understanding Interlocutory Appeals in Federal Court

Summary judgment is a legal tool that allows parties involved in litigation to request the court to find that there are no genuine issues of material fact in the case. It essentially asks the court to determine whether the party is entitled to judgment as a matter of law on some or all of the claims. When a summary judgment ruling is made, the losing party may consider appealing the decision. In this article, we will explore the grounds for an interlocutory appeal and the requirements to file one in federal court.

When Can You Appeal a Summary Judgment Order?

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In general, orders issued by the court while a case is still pending, known as interlocutory orders, are not immediately appealable before a final judgment is entered. This includes summary judgment orders that do not dispose of any part of the lawsuit. However, if a summary judgment order disposes of all the claims in the case, it is considered a final judgment and can be appealed as of right.

Appeal of Interlocutory Summary Judgment Rulings Before Trial

In certain circumstances, a party may be able to appeal an interlocutory summary judgment ruling before the trial. However, this requires permission from both the district court and the court of appeals. Under section 1292(b) and FRAP 5, the district court judge must certify that the interlocutory order involves a controlling question of law, there is a substantial ground for a difference of opinion, and an immediate appeal may advance the ultimate termination of the litigation.

To obtain permission from the court of appeals, the party seeking an appeal must file a petition within 10 days of the order. The petition should identify the question presented, provide any necessary facts, explain why permission to appeal should be granted, and include a copy of the order being appealed and the district court judge’s certification.

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It is important to note that obtaining permission for an interlocutory appeal is challenging, and the district court has the discretion to certify or deny the request.

Appeal of Interlocutory Summary Judgment Rulings After Trial

Typically, summary judgment orders cannot be appealed after a trial has taken place. The Ninth Circuit Court of Appeals has referred to reviewing factual summary judgment issues after a trial as a “pointless academic exercise.” However, if the same issues raised in the summary judgment are brought up in a motion for judgment as a matter of law under FRCP 50, an appellate court will review them. Additionally, if the district court’s order was based on a purely legal argument, an appellate court can review a summary judgment order even without a Rule 50 motion.

Conclusion

Interlocutory appeals in federal court can be complex and require permission from both the district court and the court of appeals. While it is challenging to obtain permission, it is not impossible. Understanding the requirements and procedures for filing an interlocutory appeal is crucial for parties seeking to challenge a summary judgment ruling. By navigating this process effectively, parties can have their claims reviewed and potentially overturned before proceeding to trial.

Comments: The process of appealing an interlocutory summary judgment ruling can be time-consuming and requires careful consideration of the specific circumstances. It is important for litigants to consult with experienced appellate attorneys to assess the viability of an appeal and navigate the procedural requirements effectively.

Source: https://t-tees.com
Category: WHICH