Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Ahrenholz v. Board of Trustees of the University of Illinois

Court of appeals will grant petition for interlocutory appeal under 28 U.S.C. sec. 1292(b)if question of law presents abstract legal issue rather than issue of whether summary judgment should be granted; question of law must be controlling, contestable, and resolution must promise to speed litigation.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The full case caption appears at the end of this opinion.

Posner, Chief Judge. Since the beginning of 1999,this court has received 31 petitions forinterlocutory appeal under 28 U.S.C. sec. 1292(b)and has granted only six of them. The majorityhave been denied or dismissed for jurisdictionalreasons but seven have been denied even thoughthe district judge had certified that the ordersought to be appealed “involves a controllingquestion of law as to which there is substantialground for difference of opinion and that animmediate appeal from the order may materiallyadvance the ultimate termination of thelitigation,” which is the statutory standard.Although the standard is the same for thedistrict court and for us, some disagreement inits application is to be expected. In severalcases, however, including this one, we have beenunsure whether the district court was using thecorrect standard. Because on the one hand merelythe filing of a section 1292(b) petition tends todelay the litigation in the district court eventhough the filing does not cause the litigationto be stayed, and on the other hand the denial ofthe petition may cause the litigation to beunnecessarily protracted, we think it may beuseful to remind the district judges of thiscircuit of the importance of the carefulapplication of the statutory test.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
(NEW) COMMERCIAL LITIGATION ASSOCIATE WANTED FOR ELITE LITIGATION BOUTIQUE FIRM (Atlanta, GA OR Miami, FL)

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a commercial litigation associate to join e...


Apply Now ›
Real Estate Attorney

COLE SCHOTZ P.C.Prominent mid Atlantic law firm with multiple regional office locations seeks a senior attorney with commercial real estate ...


Apply Now ›
Attorney

ATTORNEYS WANTED ROCKLAND/BERGEN COUNTYKantrowitz, Goldhamer & Graifman, P.C. Expanding and established multi-practice, mul...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements