Legal Opinion
Maria Lapiczak v. Veronica Jean Glass Zaist
Court of Appeals for the Second Circuit
Decided November 10, 1971No. 155, Docket 71-1634PublishedCited by 22 opinions
1Opinion of the Court
MEDINA, Circuit Judge:
The issue on this appeal is the extent of the power and jurisdiction of a District Judge to set aside a verdict and order a new trial, on his own initiative, more than ten days after entry of judgment under Rule 59(d) of the Federal Rules of Civil Procedure. For the reasons that follow, we hold that a District Judge does not have that power.
This appeal is before us under 28 U. S.C. § 1292(b), which authorizes a District Judge to allow an immediate appeal of an otherwise unappealable order when he finds that such order involves a controlling question of law as to which…
2Cases cited6 opinions
- United States v. RobinsonSupreme Court of the United States · 1960
- Freid v. McGrathCourt of Appeals for the D.C. Circuit · 1942
- Johnson Tsai v. Anne C. Rosenthal and Mound Motors, Inc., Anne C. Rosenthal v. Johnson Tsai and Mound Motors, Inc.Court of Appeals for the Eighth Circuit · 1961
- Mary Demeretz v. Daniels Motor Freight, Inc., a CorporationCourt of Appeals for the Third Circuit · 1962
- National Farmers Union Auto. & Cas. Co. v. WoodCourt of Appeals for the Tenth Circuit · 1953
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Meriwether v. CoughlinCourt of Appeals for the Second Circuit · 1989
- Steven Weissman, Plaintiff-Appellee-Cross-Appellant v. Dawn Joy Fashions,inc., Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 2000
- Stradley v. CortezCourt of Appeals for the Third Circuit · 1975
- Richard H. White v. New Hampshire Department of Employment SecurityCourt of Appeals for the First Circuit · 1980
- Rodick v. City of SchenectadyCourt of Appeals for the Second Circuit · 1993
17 more not listed; retrieve them via the Exa API.