Quackenbush

1
Quackenbush The Final Judgment Rule
2
Quackenbush Proceedings Below

• Who was the plaintiff?
• State Insurance Commissioner
• In what capacity?
• Trustee of Mission Companies
• Who was P suing?
• Allstate

• 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

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 doesnt 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 courts remand order meet that
  standard?
• Wasnt 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 isnt 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
• Dont 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?