USIC, LLC v. Northern Illinois Gas Company
Environmental SocialSecurity Securities Immigration
If a federal court of appeals construes a filing below as a postjudgment motion tolling the time for appeal, does that court have authority to reverse a district court's decision based on an argument that was presented for the first time in the 'postjudgment motion' and was not based on new evidence or a change in law?
QUESTIONS PRESENTED 1. If a federal court of appeals construes a filing below as a postjudgment motion tolling the time for appeal, does that court have authority to reverse a district court’s decision based on an argument that was presented for the first time in the “postjudgment motion” and was not based on new evidence or a change in law? 2. Does a final order exist under 28 U.S.C. § 1291 and Federal Rule of Civil Procedure 58 where the district court grants summary judgment without an accompanying opinion and asks one of the parties to submit a proposed order?