· 8/26/2004
Tom L. Ashlock v. Conseco Services, LLC
Citations
- 381 F.3d 1251
- 21 I.E.R. Cas. (BNA) 1233
- 2004 U.S. App. LEXIS 18161
- 2004 WL 1902698
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that third factor is met where appeal “would serve to avoid a trial or otherwise substantially shorten the litigation”
- holding, 18 “[t]he term ‘question of law’ does not mean the application of settled law to fact” (internal 19 citation omitted)
- explaining that an interlocutory appeal “materially advances” the litigation when “resolution of a controlling legal question would serve to avoid a trial or otherwise substantially shorten the litigation.”
- explaining that resolution of an issue materially advances the ultimate termination of the litigation when it “would serve to avoid a trial or otherwise substantially shorten the litigation.”
- dis- tinguishing purely legal questions from questions about “the appli- cation of settled law to fact”
- certification must “serve to avoid a trial or otherwise substantially shorten the litigation.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Dubina, Carnes, Cudahy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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