Availability of interlocutory review - Next Generation Bar Exam

1. A district court denies a motion to dismiss for lack of personal jurisdiction. When may the defendant ordinarily obtain appellate review?

   After final judgment. The denial is interlocutory and is not a collateral order, though section 1292(b) certification is possible.

2. Under Rule 54(b), how may a court make a judgment on fewer than all claims or parties immediately appealable?

   By directing entry of final judgment on them and expressly determining that there is no just reason for delay. Without that express determination, an order resolving only some claims is not final.

3. Which denial of a defense is a classic immediately appealable collateral order?

   A denial of qualified immunity that turns on an issue of law. Immunity from suit would be lost if the official had to stand trial before appealing.

4. What is the general rule on immediately appealing a discovery order, including one rejecting a claim of attorney-client privilege?

   Such orders are not immediately appealable as collateral orders. Parties may seek review after final judgment, by section 1292(b) certification, or by mandamus in extraordinary cases.

5. Under section 1292(b), within what time must a party apply to the court of appeals after the district court certifies an order?

   Within 10 days after entry of the order. The certification does not stay proceedings in the district court unless a judge orders a stay.

6. Under Rule 23(f), what appellate review is available for an order granting or denying class certification?

   The court of appeals may permit an appeal if a petition is filed within 14 days after the order. Review is discretionary, and the appeal does not stay district court proceedings unless ordered.

7. A district court grants a preliminary injunction against a defendant. On what basis may the defendant appeal immediately?

   Section 1292(a)(1), which makes orders granting injunctions appealable. Injunction orders are a statutory exception to the final judgment rule.

8. Under 28 U.S.C. section 1292(a)(1), which interlocutory orders are appealable as of right?

   Orders granting, continuing, modifying, refusing, or dissolving injunctions, or refusing to dissolve or modify them. Orders on temporary restraining orders are generally not appealable unless they operate as preliminary injunctions.

9. What are the requirements of the collateral order doctrine?

   The order conclusively resolves an important issue separate from the merits that is effectively unreviewable after final judgment. The doctrine treats such orders as final decisions under section 1291.

10. What must a district judge certify to permit an interlocutory appeal under section 1292(b)?

    A controlling question of law, substantial ground for difference of opinion, and that appeal may materially advance the litigation. The court of appeals must also agree, in its discretion, to hear the appeal.

11. What is the general rule on immediately appealing an order denying summary judgment?

    Such an order is not immediately appealable. The denial is reviewable only after final judgment, with narrow exceptions such as legal rulings on qualified immunity.

12. When is a writ of mandamus available to review an interlocutory order?

    Only for a clear abuse of discretion or usurpation of power, where the petitioner has no other adequate remedy. The petitioner's right to relief must be clear and indisputable.

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