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