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0 tracked cards Civil Procedure

In a federal action with three claims, the district court granted summary judgment to the defendant on one claim but left two claims for trial. The court did not certify a partial final judgment. The plaintiff filed a notice of appeal from the summary judgment order.
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The order is immediately appealable if the losing party files a notice of appeal within 30 days, regardless of finality. The order is immediately appealable because it resolves an important legal issue. The order is not ordinarily appealable under 28 U.S.C. 1291 because claims remain pending and the order does not end the litigation on the merits. The order is appealable only if the district court states that it disagrees with itself.

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