So I suppose there are 2 avenues for an appeal on the ruling for dismissal. One would be the interlocutory appeal that can happen before trial or there can be an appeal if either party is dissatisfied with the ruling after trial on the motion to dismiss.
"Since a final decision at trial has not been entered, any appeal made by the parties now would be an interlocutory appeal that must be first certified by Chief Judge Sweeney under 28 U.S.C. § 1292(d)(2). See:"
Obi, Do under interlocutory appeal, proceedings continue or stop.
We really need a flow chart of where these cases go from here - win goes here, then Appeal goes here, etc. Seems there are so many options. I thought if we won in Sweeney's the next and last step was SCOTUS. Apparently not. This whole court system is a mess(in my mind as I don't know the roadmap).