Manufacturing Appellate Jurisdiction: A Dangerous Gambit
What to do with a catastrophic trial-court ruling that materially impacts a client's case without resulting in an appealable judgment is one of the perennially vexing problems in litigation.
February 22, 2021 at 07:23 PM
6 minute read
"Is there any way I can appeal this?!?" might be the most common question appellate specialists confront when buttonholed by colleagues and clients. What to do with a catastrophic trial-court ruling that materially impacts a client's case without resulting in an appealable judgment is one of the perennially vexing problems in litigation. In federal court, there are tools litigants can use to seek interlocutory review of significant orders, but those tools depend on the exercise of judicial discretion. And appellate lawyers are compelled to admit that courts rarely exercise their discretion to grant interlocutory review.
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