In federal court, it is quite clear that denial of summary judgment is not, absent special circumstances, a separately appealable issue as in, Levy v. Sterling Holding, 544 F.3d 493, 501 n. 6 (3d Cir. 2008). "Once the case proceeds to trial, the full record developed in court supersedes the record existing at the time of the summary-judgment motion." See, Ortiz v. Jordan, 562 U.S. 180, 184 (2011). Two special circumstances permitting appellate review of a denial of summary judgment in federal court are: denial of the defense of qualified immunity, Mitchell v. Forsyth, 472 U.S. 511, 528-29 (1985), and; denial of summary judgment simultaneously with grant of a cross-motion for summary judgment.