In our previous post, we discussed the difficulties of succeeding with a Section 1292(b) petition in both the district court in the circuit court.  We also noted that while the Sixth Circuit’s rate of acceptance of orders already certified by district courts has been higher than average for federal circuit courts.  We then reviewed decision from the past few years, and found that the Sixth Circuit has recently been accepting for appeal about 90% […]

A common avenue for challenging an adverse jury verdict on appeal is to argue that the trial court should have granted judgment notwithstanding the verdict (or, in federal court, a renewed judgment as a matter of law). But can a party also appeal an earlier denial of summary disposition or summary judgment by arguing that the case never should have been presented to the jury?  The answer depends on whether the case is in […]