Legal Opinion

Kelly v. Moore

Court of Appeals for the Fifth Circuit

Decided July 16, 2004No. 03-60236PublishedCited by 7 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

A Mississippi jury returned a $1.5 million verdict in favor of Dr. Kelly for his mistreatment in connection with a routine traffic stop. The district court vacated the award and ruled that Kelly must either accept remittitur or proceed to a new trial on damages. Kelly took the latter option and then immediately appealed the district court’s ruling. We conclude that the district court’s ruling is not final and dismiss the appeal for lack of appellate jurisdiction.

I. BACKGROUND

On March 14, 2001, Kelly filed suit in federal court alleging under 42 U.S.C. § 1983 and…

2Cases cited13 opinions

  1. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  2. Ex Parte McCardleSupreme Court of the United States · 1869
  3. United States v. MayerSupreme Court of the United States · 1914
  4. Gutierrez v. City of San AntonioCourt of Appeals for the Fifth Circuit · 1998
  5. Herold v. Burlington Northern, Inc.Court of Appeals for the Eighth Circuit · 1985

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3Cited by7 opinions

  1. Seneca Adams v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2015
  2. International Association of MacHinists and Aerospace Workers Local Lodge 2121 Afl-Cio v. Goodrich Corporation, Formerly Known as Bf Goodrich CompanyCourt of Appeals for the Fifth Circuit · 2005
  3. Herhold v. Smith Land Co., L.L.C.Ohio Court of Appeals · 2016
  4. Carpenter v. PerryDistrict Court, S.D. West Virginia · 2023
  5. Curol v. Energy Resources Technology Inc.Court of Appeals for the Fifth Circuit · 2006

2 more not listed; retrieve them via the Exa API.

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