Appeals
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Civil Procedure / Appeals
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Delaware and Federal Civil Procedure / Appeals
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A Delaware civil appeal raises several issues: whether the complaint stated a claim as a matter of law, whether the j...
A Delaware civil appeal raises several issues: whether the complaint stated a claim as a matter of law, whether the jury had enough evidence to find causation, whether a discovery sanction was too harsh, and whether t...
Citations: Delaware and federal appellate standard-of-review doctrine
A federal district court entered a $250,000 judgment against a defendant. The defendant timely filed a notice of appe...
A federal district court entered a $250,000 judgment against a defendant. The defendant timely filed a notice of appeal but did not post a bond, provide other approved security, or obtain a stay order. Forty days afte...
Citations: Fed. R. Civ. P. 62
A federal trial court entered an order compelling a company to transfer a disputed domain name to a competitor. The c...
A federal trial court entered an order compelling a company to transfer a disputed domain name to a competitor. The company timely appealed from that order. While the appeal was pending, the competitor asked the trial...
Citations: Griggs v. Provident Consumer Discount Co., Fed. R. Civ. P. 62, Del. Supr. Ct. R. 32
A lawyer is evaluating whether several Delaware and federal trial-court rulings can be appealed immediately before th...
A lawyer is evaluating whether several Delaware and federal trial-court rulings can be appealed immediately before the rest of the case proceeds. Which ruling is immediately appealable as of right? The federal order g...
Citations: 28 U.S.C. § 1292(a)(1), Del. Supr. Ct. R. 42
A losing party in federal court filed a signed notice of appeal identifying the final judgment by date and case numbe...
...udgment by date and case number and naming the United States Court of Appeals for the Third Circuit. The notice did not attach the transcript order form, and the appellant discovered after filing that one respondent had...
Citations: Fed. R. App. P. 3(c), 3(d), 4(a)
A manufacturer defending a Delaware products case lost two important pretrial motions. First, the court ordered the m...
A manufacturer defending a Delaware products case lost two important pretrial motions. First, the court ordered the manufacturer to produce communications with outside counsel after finding the attorney-client privile...
Citations: Del. Supr. Ct. R. 42, 28 U.S.C. § 1292, Fed. R. App. P. 21
A patient sued a hospital in Delaware Superior Court for negligence and statutory elder abuse. Before trial, the cour...
A patient sued a hospital in Delaware Superior Court for negligence and statutory elder abuse. Before trial, the court denied the hospital's Rule 12 motion to dismiss the statutory claim, denied the hospital's motion...
Citations: Fed. R. App. P. 3(c)(4), Del. Supr. Ct. R. 6, Del. Supr. Ct. R. 42
A software company sued a former employee in Delaware Superior Court for breach of contract, trade secret misappropri...
A software company sued a former employee in Delaware Superior Court for breach of contract, trade secret misappropriation, and fraud. The court granted the employee's Rule 12(b)(6) motion on the contract claim withou...
Citations: Del. Supr. Ct. R. 6, Del. Supr. Ct. R. 42
After a bench trial in the United States District Court for the District of Delaware, judgment was entered for the pl...
After a bench trial in the United States District Court for the District of Delaware, judgment was entered for the plaintiff on January 6. On January 20, the defendant timely filed a Rule 59 motion for a new trial. Th...
Citations: Del. Supr. Ct. R. 6, Fed. R. App. P. 4(a)(1), 4(a)(4)
After federal judgment was entered, the losing party timely filed a Rule 59 motion for a new trial. The trial court d...
After federal judgment was entered, the losing party timely filed a Rule 59 motion for a new trial. The trial court denied the new-trial motion, and the clerk entered the denial order. The losing party filed a notice...
Citations: Fed. R. App. P. 4(a)(4)
After losing at trial in federal court, a defendant timely appealed from the final judgment. In its opening brief, th...
After losing at trial in federal court, a defendant timely appealed from the final judgment. In its opening brief, the defendant seeks review of several earlier rulings, including an evidentiary ruling that affected t...
Citations: Fed. R. App. P. 3(c)(4), Del. Supr. Ct. R. 6
In a Delaware civil action, the trial court granted the defendant's Rule 12(b)(6) motion to dismiss the plaintiff's e...
In a Delaware civil action, the trial court granted the defendant's Rule 12(b)(6) motion to dismiss the plaintiff's entire complaint without leave to amend. The court's minute order stated, "Motion granted without lea...
Citations: Del. Supr. Ct. R. 6, Del. Supr. Ct. R. 42
In a federal civil case in the District of Delaware, the court announced a final decision on March 1 and entered a de...
In a federal civil case in the District of Delaware, the court announced a final decision on March 1 and entered a detailed memorandum opinion and order on the docket, but it did not enter a separate Rule 58 judgment....
Citations: Fed. R. App. P. 4(a)(1), 4(a)(7), Fed. R. Civ. P. 58
In a federal civil case in the District of Delaware, the trial judge signed a written final judgment for the plaintif...
In a federal civil case in the District of Delaware, the trial judge signed a written final judgment for the plaintiff on Monday. The clerk did not enter the judgment until Friday. On Wednesday, after the judge signed...
Citations: Fed. R. App. P. 4(a)(2)
The District of Delaware entered a $420,000 money judgment for a contractor against an owner. The owner timely appeal...
The District of Delaware entered a $420,000 money judgment for a contractor against an owner. The owner timely appealed from the judgment but did not obtain a stay or post approved security. Forty-five days after judg...
Citations: Fed. R. Civ. P. 62, Del. Supr. Ct. R. 32
The parties dispute the legal effect of a contested transaction. A party appealed an adverse ruling while damages and...
...analysis? Correct. The answer should identify the governing rule for Appeals and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counterar...
The parties dispute the legal effect of a contested transaction. A party appealed an adverse ruling while damages and...
...analysis? Correct. The answer should identify the governing rule for Appeals and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counterar...
The parties dispute the legal effect of a contested transaction. A party appealed an adverse ruling while damages and...
...analysis? Correct. The answer should identify the governing rule for Appeals and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counterar...
The parties dispute the legal effect of a contested transaction. A party appealed an adverse ruling while damages and...
...accurate? Correct. The answer should identify the governing rule for Appeals and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counterar...
The parties dispute the legal effect of a contested transaction. A party appealed an adverse ruling while damages and...
The parties dispute the legal effect of a contested transaction. A party appealed an adverse ruling while damages and related claims remained unresolved. A party relied on common practice, but the record includes fact...
The parties dispute the legal effect of a contested transaction. A party appealed an adverse ruling while damages and...
...y to rule? Correct. The answer should identify the governing rule for Appeals and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counterar...