Odyssey Contracting Corp. v. L & L Painting Co., Inc.
Privacy ClassAction
Whether a stipulation forfeits the right of appeal from the final judgment
QUESTIONS PRESENTED 1. Whether a stipulation that is not a consent judgment and simply establishes a mechanism under which the district court will resolve certain claims, forfeits the right of appeal from the final judgment where there is no clear and unequivocal waiver of that right in the stipulation itself. 2. Whether the holding of the Third Circuit is contrary to the decisions of this Court in United States v. Procter & Gamble, 356 U.S. 677 (1958) and Thomsen v. Cayser, 243 U.S. 66 (1917), and admittedly contrary to the decisions of the Second, Fifth and Tenth Circuits, as well as an nonprecedential decision of the Sixth Circuit that followed the Fifth Circuit holding. 3. Whether the determination of the Third Circuit should be summarily reversed on authority of United States v. Procter & Gamble, 356 U.S. 677 (1958) and Thomsen v. Cayser, 243 U.S. 66 (1917).