Is a non-final order issued by a federal district court in a personal injury action (i.e. a judgment adjudicating all the claims)?

MultiRegion, United States of America

The following excerpt is from Smurphat v. Hobb, 19-4276 (2nd Cir. 2020):

than all the claims . . . does not end the action . . . and may be revised at any time before the entry of a judgment adjudicating all the claims"). A district court's non-final order is only appealable if: (1) the order relates to an injunction; (2) the district court certifies the order for immediate appeal under 28 U.S.C. 1292(b); (3) the district court enters partial final judgment under Federal Rule of Civil Procedure 54(b); or (4) the order falls within the collateral order doctrine (or other statutes or rules not relevant to this appeal). See United States v. Culbertson, 598 F.3d 40, 45-46 (2d Cir. 2010).

Other Questions


When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
When a final judgment from one district court is registered with another district court pursuant to Section 1963, is it treated like a judgment from the other district court? (MultiRegion, United States of America)
When a federal court dismisses an action with prejudice, does the dismissal of the action by the federal district court result in a separate contract dispute arising from the settlement agreement? (MultiRegion, United States of America)
What is the test for establishing that a claim before the Federal Court of Justice is a motion brought by a plaintiff in a personal injury case brought before the federal court? (MultiRegion, United States of America)
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
In what circumstances will a federal district court order dismissing a complaint and action with prejudice be appealed before a federal appeals court? (MultiRegion, United States of America)
How has the federal district court dealt with the issue of personal injury claims? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.