A plaintiff files a lawsuit in federal district court after being injured on the defendant’s property. At trial, the court grants the defendant's motion for summary judgment on the plaintiff's negligence claim but reserves decision on the plaintiff’s separate claim for strict liability. The plaintiff seeks to appeal the court’s decision granting summary judgment for the negligence claim to the U.S. Court of Appeals. Should the court of appeals hear the appeal?
Yes, as the plaintiff may appeal any dispositive ruling issued by the trial court.
No, because the plaintiff must secure permission from the district court under Rule 11 to appeal the summary judgment ruling.
Yes, because the negligence claim and the strict liability claim are legally distinct.
No, because the summary judgment ruling is not a final judgment as required under the final judgment rule.
The correct answer is accurate because under the final judgment rule, typically an appeal is permitted only after a final decision has been made that resolves all claims for all parties. The trial court’s decision to grant summary judgment on the negligence claim is not a final judgment as the strict liability claim is still pending. On the other hand, parties may seek certification under Rule 54(b) for partial judgment to appeal when multiple claims exist, but without such certification the appeal is premature. The incorrect answers either misstate the law or improperly apply exceptions under standard federal practice.
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