1 / 6

Quackenbush & The Final Judgment Rule

Quackenbush & The Final Judgment Rule. Quackenbush – Proceedings Below. What was P seeking? Damages & Declaratory Judgment On what basis? Breach of Contract & Tort What counterclaim will D assert? Right to setoff contract debt. What procedural step did D take? Removed to federal court

germaine-vega
Download Presentation

Quackenbush & The Final Judgment Rule

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Quackenbush & The Final Judgment Rule

  2. Quackenbush – Proceedings Below • What was P seeking? • Damages & Declaratory Judgment • On what basis? • Breach of Contract & Tort • What counterclaim will D assert? • Right to setoff contract debt • What procedural step did D take? • Removed to federal court • Based on what? • Diversity • What did P do? • Moved to remand • Based on what? • Burford abstention • What did trial court do? • Remanded to state court • What did the Ninth Circuit do? • Overturn the remand order • Ordered case to arbitration • Is the arbitration order relevant? • No • Who was the plaintiff? • State Insurance Commissioner • In what capacity? • Trustee of Mission Companies • Who was P suing? • Allstate

  3. Quackenbush – 1447(d) Issue • 1447(d): “An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise . . . .” • Why doesn’t this bar the appeal? • 1447(d) only applies to remands • for lack of smj • due to procedural defect • 1447(d) – 1447(c) interplay

  4. Quackenbush – Final Judgment Rule • What is the ordinary standard for a final judgment? • Ends the litigation on the merits and leaves the court nothing to do but execute on the judgment • Did the trial court’s remand order meet that standard? • Wasn’t there still going to be a trial in the state court? • So why is this a “final judgment”? • Effectively put D out of court • But isn’t D still in another court? • If judge had transferred under 1404(a) instead of abstaining, would order have been appealable? • Why not? • Sent to state ct vs. • Moved from one fed ct to another

  5. Gillespie (Note 4 p. 1041) • What was trial ct order in Gillespie? • Jones Act exclusive • Don’t argue state w/d • Why was that a final judgment? • What would happen if it were not considered final? • How is that different than any time trial ct strikes one count? • What does this say about finality?

  6. Finality QuizWhich of the following are appealable final judgments? • Order granting a motion to dismiss under 12(b)(1) – lack of subject matter jurisdiction? • Order granting a motion to dismiss under 12(b)(2) – lack of personal jurisdiction? • Order granting a motion to dismiss under 12(b)(3) – improper venue? • Order granting a motion to dismiss under 12(b)(6) – failure to state a claim? • Order denying a motion to dismiss under 12(b)(1) – lack of smj? • Order denying a motion to dismiss under 12(b)(2) – lack of pj ? • Order denying a motion to dismiss under 12(b)(3) – improper venue? • Order denying a motion to dismiss under 12(b)(6) – failure to state a claim? • Order granting a motion for summary judgment for D? • Order granting a motion for partial summary judgment for D? • Order granting summary to P? • Order denying summary judgment? • Order granting a motion to compel production of documents? • Order denying a motion to compel production of documents? • Order granting a motion for new trial? • Order denying a motion for new trial? • Order granting a motion for more definite statement? • Order denying a motion for more definite statement? • Order overruling objection to inadmissible evidence? • Order sustaining objection to admissible evidence?

More Related