The Latest Curve In CFPB vs. Hanna

insideARM has been following and reporting on the continuing saga in the case of the Consumer Financial Protection Bureau (CFPB) vs. Frederick J. Hanna & Associates, P.C., et al.  Just last month insideARM reported on the trial court’s denial of Hanna’s motion to dismiss the complaint.

On Monday July 27, 2015 Hanna filed a “Motion to Certify [the case] for an Interlocutory Appeal.” An interlocutory appeal is an appeal of a specific ruling by a trial court, asking an appellate court to review a significant aspect of a case before the trial has concluded. This type of appeal is an extraordinary action as courts prefer a case proceed to conclusion on its merits and do not like to break up litigation into multiple parts.

For a court to certify a case for an interlocutory appeal two requirements must be met. First, the order must “involve a controlling question of law as to which there is substantial ground for difference of opinion.” The second is that an “immediate appeal from the order may materially advance the ultimate termination of the litigation.”

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