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MMLU / A man who owned riverfront property sued an upstream factory in federal court…

Problem

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question

A man who owned riverfront property sued an upstream factory in federal court for polluting the river, seeking injunctive relief and $250,000 in damages. The factory moved for summary judgment on the ground of res judicata (claim preclusion), arguing that the man had sued on and lost an identical claim one year before. The court denied the motion. The factory has asked its attorney's advice as to whether it may appeal the court's denial of summary judgment in order to avoid an expensive trial. What advice should the attorney give?

choices

  1. The factory may appeal if the appellate court finds that the case involves a controlling question of law upon which the courts are divided.
  2. The factory may appeal if the trial court certifies that there is no just reason for delay.
  3. The factory may not appeal until after a trial on the merits or other disposition resulting in a final judgment.
  4. The factory may not appeal, because the denial of summary judgment is a collateral order.

subject

professional_law

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Source and history

task_id
18a64603-d46a-566c-a4c4-c764c1a91535
task_key
all--test--18a64603-d46a-566c-a4c4-c764c1a91535
task_revision_id
1
config / split
all / test

Official source

initial import