When (not) to cross-appeal

January 17, 2022

“Most of Sea Wasp’s appeal challenges the district court’s summary judgment rulings finding it liable under both federal and state law. Despite those rulings, however, the court ultimately entered a judgment ‘that Plaintiff takes nothing and that Plaintiff’s case against Defendant is DISMISSED WITH PREJUDICE.’ In other words, Sea Wasp won the war even if it lost some battles along the way. Because the final judgment was a full victory for Sea Wasp, it is not an aggrieved party entitled to bring a cross appeal.” Domain Protection LLC v. Sea Wasp, LLC, No. 20-40411 (Jan. 13, 2022) (emphasis added).

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