Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

Generally, 'only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment.' Marino v. Ortiz, 484 U.S. 301, 304, 108 S.Ct. 586, 587, 98 L.Ed.2d 629 (1988) (per curiam); Fed.R.App.P. 3(c) ('The notice of appeal shall specify the party or parties taking the appeal'). But it is not settled whether an objecting member of the class or derivative litigation who is not a named party may appeal the court's approval of the compromise. According to two leading treatises, '[a] member of the class who appears in response to the court's notice, given pursuant to the Rule [23.1], and objects to the dismissal or compromise has a right to appeal from an adverse final judgment although he did not become a formal party of record.' 3B James W. Moore, Moore's Federal Practice, p 23.1.24 (objector's right to appeal derivative suit settlement); p 23.80 (objector's right to appeal class action settlement) (1993); 7C Charles A. Wright, et al., Federal Practice & Procedure, Sec. 1839, at 182 (1986) ('[a]n objector to the settlement may appeal the court's approval of the compromise'); see also Webcor Elecs. v. Whiting, 101 F.R.D. 461, 465 n. 11 (D.Del.1984) ('The ...

Register or login to access full content



Professors
Professionals
Students