Commercial Litigation and Arbitration

Notice of Appeal from Judgment Encompasses All Prior Rulings and Orders Where Appellant Does Not Designate Specific Determinations Only — Reference to One Order Does Not Preclude Appeal from Others

From Bentkowski v. Scene Magazine, 2011 U.S. App. LEXIS 7912 (6th Cir. April 19, 2011):

Bentkowski claims that the district court abused its discretion by denying his motion for an extension of time to conduct discovery and by striking his first amended complaint as a sanction. Appellees claim that we lack jurisdiction over these appeals because Bentkowski failed to designate any discovery or sanction orders in his notice of appeal. Federal Rule of Appellate Procedure 3(c)(1)(B) provides that "[t]he notice of appeal must . . . designate the judgment, order, or part thereof being appealed." Bentkowski's notice of appeal states that he appeals from "the Court's final judgment . . . making the Opinion and Order granting Defendants' Joint Motion for Summary Judgment . . . final and appealable." We have held that an appeal from a final judgment encompasses all prior rulings and orders where the appellant does not "designate specific determinations in its notice of appeal." Crawford v. Roane, 53 F.3d 750, 752 (6th Cir. 1995). Thus, we have jurisdiction to review the district court's rulings on the discovery and sanction orders. We review limits on discovery and discovery sanctions for abuse of discretion. B & H Med., L.L.C. v. ABP Admin., Inc., 526 F.3d 257, 268 (6th Cir. 2008); Phillips v. Cohen, 400 F.3d 388, 396 (6th Cir. 2005).

Share this article:

Facebook
Twitter
LinkedIn
Email

Recent Posts

RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

Archives