A plaintiff files a lawsuit in federal district court and immediately moves for a preliminary injunction. After an adversarial hearing, the court grants the plaintiff's motion for the preliminary injunction. The defendant believes the court erred in granting the injunction and wishes to appeal the decision immediately, before the case proceeds to trial. Under the Federal Rules of Appellate Procedure and relevant statutes, may the defendant immediately appeal the court's order?
Yes, but only if the order qualifies for review under the collateral order doctrine by resolving an important, separate issue.
No, because the final judgment rule prevents appeals until the entire case is concluded on the merits.
No, unless the district court certifies the order for appeal and the appellate court agrees to hear it.
Yes, because an interlocutory order granting a preliminary injunction is immediately appealable as a matter of right.
The correct answer is based on the statutory exception to the final judgment rule found in 28 U.S.C. § 1292(a)(1). This statute explicitly grants federal appellate courts jurisdiction over appeals from interlocutory orders of the district courts that grant, refuse, or modify injunctions. An order granting a preliminary injunction falls directly within this statute, making it appealable as a matter of right, even though it is not a final judgment that resolves the entire case. The final judgment rule generally prohibits appeals until the entire case is concluded, and other exceptions like the collateral order doctrine or discretionary appeals under § 1292(b) have different requirements not applicable here.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.