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Welcome to Civil Procedure

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Legal Issue involved a controlling question of law as to which there was a ... In fact, the case is barely at the discovery stage. ... – PowerPoint PPT presentation

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Title: Welcome to Civil Procedure


1
Welcome to Civil Procedure
  • Exceptions to the Final Judgment Rule

2
When is a Non Final Judgment Appealable?
  • Practical Finality cases
  • Injunctions
  • Interlocutory Appeals
  • Mandamus

3
Lauro Lines v. Chasser, p 637
  • Facts
  • Plaintiffs victims and relatives of victims of
    the hijacking of the cruise ship Achille Lauro by
    terrorists.
  • They sued the cruise line in the United States
    District Court for the southern district of New
    York, presumably for some sort of negligence in
    maintaining security on the vessel
  • Defendant is an Italian company, that presumably
    could be found in New York City and presumably
    federal jurisdiction is based on diversity
  • In the ticket of plaintiffs is a forum selection
    clause indicating that the defendant cruise line
    can only be sued in Naples, Italy. The trial
    court denied the motion to dismiss

4
Where are we Legally?
  • Why isnt this case like Carnival Cruise Line
    case from the first semester (p. 141).
  • In that case, there was a Florida forum selection
    clause and the cruise line moved for summary
    judgment when suit was filed in Washington State
  • The court granted the motion for summary
    judgment.
  • How is that case thus different from this case
    for appeal purposes?
  • Is there any claim here that there is a final
    judgment?
  • How does Defendant try to fit the case into the
    Final Judgment Rule, 1291?

5
When will a court grant the kind of relief sought
here by Defendant?
  • FIRST, the courts decision must conclusively
    decide the disputed question Does that happen
    here?
  • Sure, the trial court conclusively decided that
    the forum selection clause was not applicable
  • SECOND, the issue resolved must be important and
    completely separate from the underlying action
    Is that true here?
  • Sure, the decision doesnt affect underlying
    negligence claim.
  • THIRD, the question must be effectively
    nonreviewable at the conclusion of the underlying
    trial
  • And this is the real problem here
  • NOTE All Three of these Issues must be
    Positively Resolved!

6
Whats the Policy Issue Here?
  • Note 1(c), p 640
  • Lots of cases appear to cry out for some
    interlocutory relief
  • If courts granted relief, what result?
  • Would case ever get tried?
  • How efficient is that?

7
Injunctions
  • 28 U.S.C. 1292(a), a party is entitled to appeal
    the granting, refusing, modifying or dissolving
    of any injunction
  • Preliminary injunctions ONLY--not Temporary
    Restraining Orders, because those can last for
    only a maximum of ten days

8
Devine Problem, Arthurs Furniture Masterpieces
  • Question 1, is the case Final? Why or why not?
  • Question 2 Does 1292(a)(1) allows appeal of
    the denial of an injunction?
  • Why would somebody do that here?
  • What should they do instead?
  • How have states (like Missouri) handled this?

9
Interlocutory Appeals 1292(b)
  • Interlocutory AppealsConsider in light of Lauro
    Lines
  • If the trial court wanted the decision on the
    forum selection clause ruled on by a court of
    appeals, what did trial judge need to certify?
  • Legal Issue involved a controlling question of
    law as to which there was a substantial
    disagreement
  • Interpretation of contractunderstood by average
    ticket holderQ of law
  • Overall litigation materially advanced by an
    immediate appeal
  • Here, the appeal might go away if the appellate
    court disagrees with the trial judge
  • Court of appeals must agree to benefit of
    interlocutory appeal
  • What practical problem exists?

10
Devine Problem, Ernesto Cruz, M.D, v. Community
Hospital, Inc.
  • Question 1 Is case final?
  • No there was no trial on the merits. In fact,
    the case is barely at the discovery stage.
  • Question 2 What does certified for
    interlocutory appeal mean? Just what we
    discussed
  • Does the issue involve a controlling question of
    law?
  • The question is whether these documents are
    privileged a decision which is certainly a
    question of law.
  • Could there be disagreement?
  • Maybe. How?
  • Will an immediate appeal hasten resolution of the
    dispute?
  • If privileged, case could be over.

11
Mandamus, p 644
  • Interlocutory decisions can be reviewed by an
    appellate court by mandamus or prohibition, as we
    have seen in a number of cases
  • Mandamus and prohibition are generally called
    extraordinary writs because they should only be
    granted in rare cases
  • Generally, case must allege the trial court
    either lacks jurisdiction to do something
    (prohibition) or that exercise of jurisdiction is
    compelled by the law (mandamus)
  • Writ actually a separate lawsuit with trial judge
    the defendant
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