Odyssey Contracting Corp. v. L & L Painting Co., Inc.
Privacy ClassAction
1. Whether a stipulation that is not a consent
judgment and simply establishes a mechanism
under which the district court will resolve certain
claims, forfeits the right of appeal from the final
judgment where there is no clear and unequivocal
waiver of that right in the stipulation itself.
2. Whether the holding of the Third Circuit is
contrary to the decisions of this Court in United
States v. Procter & Gamble, 356 U.S. 677 (1958) and
Thomsen v. Cayser, 243 U.S. 66 (1917), and
admittedly contrary to the decisions of the Second,
Fifth and Tenth Circuits, as well as an nonprecedential decision of the Sixth Circuit that
followed the Fifth Circuit holding.
3. Whether the determination of the Third
Circuit should be summarily reversed on authority
of United States v. Procter & Gamble, 356 U.S. 677
(1958) and Thomsen v. Cayser, 243 U.S. 66 (1917).
Whether a stipulation forfeits the right of appeal from the final judgment