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If you go through a law suit to disupte a settlement, and the jury awards say a million dollars... How many times is it allowed to be appealed?

2007-10-07 17:38:57 · 5 answers · asked by AlleycatJo 5 in Politics & Government Law & Ethics

5 answers

Generally speaking, in most states, in most cases, there are three levels of appeal (four if you include the motion for new trial).

Basically, after the jury verdict, the losing side gets to file a motion for new trial asking the judge to set aside the jury verdict. Whomever loses at that stage gets to file a notice of appeal -- normally to something called the court of appeals or the appellate division.

The appeal to the court of appeals is level 1. As noted in a previous answer, this court decides most appeals in the state.

Whomever loses at the court of appeals, can ask the state high court (typically called a supreme court) to take the case. This is level 2. Unlike the court of appeals, the state supreme court does not have to hear the case and can reject the request without any reason or explanation. They typically only take cases that raise legal issues that the court feels are important (which is entirely different from what the parties might feel is important).

If a party's application is rejected (or if the supreme court actually takes the case and a party loses) and there is a federal question involved, the losing party can request the U.S. Supreme Court to take the case. This is level 3. Like the state supreme court, the U.S. Supreme Court does not have to take any case and can turn down the application without any explanation.

If all three levels uphold the jury's decision, that's it and the case is over with no more appeals. If any of them find a problem with the jury's verdict, you are probably back at the trial court and starting essentially over. As such, the same rules of appeal would apply after the second trial.

2007-10-07 18:46:36 · answer #1 · answered by Tmess2 7 · 1 0

Well that depends on what is appealed and who is appealing the decision. Typically you would only see 1 or two appeals being made. I will use KS as my example. Here in civil litigation either party (or both) may appeal to the court of appeals. If the statutes allow or the KS supreme court permits, the case can be further appealed to the KS supreme court. Sometimes the supreme court will take over a case on its own motion. Sometimes they will deny review. Ultimately, it is possible to get a case heard in the US supreme court. There are many things that must happen and it is the exception and not the rule that cases are heard by the US supreme court.

A case may be remanded with directions for a new trial. Then that new trial can be appealed and the process start over. In theory, a case could keep going up and down the chain forever. I doubt that would really happen as eventually some judge or court would put an end to it.

2007-10-07 17:49:49 · answer #2 · answered by hensleyclaw 5 · 1 0

IN A CIVIL TRIAL AWARD AS EXCESSIVE AMOUNTS AND WHY--MAYBE EVEN A RETRIAL? USUALLY THREE APPEALS OF NATURAL CASE MATTER; THEN THERE ARE ABOUT 5 TO 7 GROUNDS OF APPEALS THAT CAN BE USED AFTER THAT.

IF YOU WIN, THEN IT IS APPEALED, THEN THE SUPREME COURT IN YOUR STATE SHOULD HEAR THE NEXT APPEAL AND RENDER IT'S DECISION.

A GOOD LAWYER FOR THE PLAINTIFF WILL APPEAL FOR 5 YEARS IF HE CAN AND A GOOD ATTORNEY FOR THE DEFENDANT WILL QUASH THOSE APPEALS.

2007-10-07 17:54:34 · answer #3 · answered by ahsoasho2u2 7 · 1 0

Depends on the judicial system for your state.
For example, if there are 3 levels, and you win on the first level, then there are 2 possible chances when it will be appealed.
If there are 4 levels of courts, then there are 3 chances in which it may be appealed.

2007-10-07 17:47:30 · answer #4 · answered by David B 4 · 1 1

i think you can appeal as many times as you want. call the bar association, they will give you the correct answer.

2007-10-07 17:46:50 · answer #5 · answered by carol 6 · 1 1

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