Switzerland Cheese Assn., Inc. v. E. Horne's Market, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that orders “that in no way touch on the merits of the claim but only relate to pretrial procedures” cannot be appealed on an interlocutory basis
• holding that orders “that in no way touch on the merits of the claim but only relate to pretrial procedures” cannot be appealed on an interlocutory basis
• recognizing that interlocutory review of pretrial orders is “an intolerable burden for us, an improper and uncertain interference with trial court discretion, and a confusing invitation to indiscriminate appeals in the future”
• holding that the denial of a motion for summary judgment containing a request for permanent injunctive relief, although having the same practical effect as a denial of permanent injunctive relief, was not ap-pealable because the relief was available after the trial
• cautioning that § 1292(a)(l)’s jurisdiction over interlocutory appeals should be applied “somewhat gingerly lest a floodgate be opened that brings into the exception many pretrial orders”
• denying jurisdiction under § 1292(a)(1) because permanent injunctive relief could be obtained after trial such that no irreparable consequences mandated immediate review

Source: CourtListener parenthetical corpus (CC0).