Thomas R. Newman and Steven J. Ahmuty Jr. Overlapping Resolved and Unresolved Claims Bar Rule 54(b) Appeal
In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. discuss the issue of appellate jurisdiction is always open for consideration by a reviewing court, even if no party has raised it.
September 01, 2020 at 11:42 AM
8 minute read
Though appellate courts ordinarily decide only the issues presented by the parties, see, e.g., Newman and Ahmuty, "The Principle of Party Presentation," NYLJ, June 30, 2020, the issue of appellate jurisdiction is always open for consideration by a reviewing court, even if no party has raised it. See Steel v. Citizens for a Better Environment, 523 U.S. 83, 94 (1998).
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