Appellate Procedure Hypos
Over which of the following district court decisions would a United States
Court of Appeals have appellate jurisdiction under 28 U.S.C. § 1291? Why
or why not?
- Denial of Officer Cue's motion for judgment on the pleadings against
- Grant of Village of Kenilworth's motion for judgment on the pleadings against
- Denial of Yamahonda's motion for an order to compel Christianson to submit
to a physical examination in the form of a bicycle-riding test in Chicago
- Denial of Bicycle Messengers' motion for summary judgment on Christianson's
ADA claim against it
- Grant of Yamahonda's motion for summary judgment on the product liability
claim against it
- Partial grant of summary judgment against Bennaza on his claim under §
1983 against the Village
- Refusal in the final pre-trial order to admit any evidence as to Bennaza's
state of intoxication
- JMOL against Bennaza on his § 1983 claim against the Village after
a jury verdict in his favor
What remedy does Bennaza have if the district judge says, "I think you
are a jerk, and I am not going to do anything whatsoever with this case. I'll
make no decisions at all?"
What arguments can be made as to the reversibility on appeal of the following
- A jury verdict for Bennaza after Cue testified that Bennaza tried to
grab his gun, and expert testimony on behalf of Cue that Cue showed
restraint and followed proper procedures. Bennaza repeatedly contradicted
himself while testifying and said, "I do not remember," repeatedly
when pressed for details.
- A decision by the judge to exclude Bennaza's testimony because "No
one should believe a witness who sweats profusely, raises his voice to opposing
counsel, and looks down when he is testifying."
- A jury verdict for Christianson against Yamahonda despite no expert testimony
on design of the motorcycle, after a jury instruction that said, "You
may find that the motorcyle's lack of leg protection bars was negligent design
from the fact that the accident occurred and the nature of the plaintiff's
injuries, under the doctrine known as 'res ipsa loquitur.'"
- A jury verdict for Bicycle Messengers after Christianson refused during
his cross examination by Bicycle Messengers to ride a bicycle around the courtroom
and to climb a ladder holding packages in both hands
- A jury verdict for Bennaza against Cue after Bennaza testified in accordance
with his lawyer-client interview and his roommate, called by the Village,
testified that Bennaza told him that he was drunk, didn't remember anything,
but was going to "get that Neanderthal cop."