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Van Cauwenberghe v. Biard

Supreme Court of the United States · 1988 · Civil Procedure

Civil ProcedureAppellate JurisdictionFinal Judgment RuleCollateral Order DoctrineForum Non Conveniens28 U.S.C. § 1291collateral order doctrineCohen

Facts

Respondent filed a civil suit in federal district court against petitioner and others arising out of a defaulted loan transaction. Petitioner had been extradited from Switzerland to the United States for related criminal charges, was convicted, and after sentencing was served with the civil summons and complaint while reporting to his probation officer. Petitioner moved to dismiss, arguing that as an extradited person he was immune from civil service of process and that the action should also be dismissed for forum non conveniens. The District Court denied both motions.

Issue

Whether an order denying a motion to dismiss on the ground that an extradited person is immune from civil service of process is immediately appealable under the collateral order doctrine of 28 U.S.C. § 1291. Whether an order denying a motion to dismiss for forum non conveniens is likewise immediately appealable.

Rule

Under the collateral order doctrine, an interlocutory order is immediately appealable under 28 U.S.C. § 1291 only if it conclusively determines the disputed question, resolves an important issue completely separate from the merits, and is effectively unreviewable on appeal from final judgment. An order denying dismissal based on claimed immunity from civil service of process is not immediately appealable when the asserted right is, in essence, a right not to be subject to a binding judgment rather than an essential right not to stand trial. An order denying dismissal for forum non conveniens is not immediately appealable as of right because that determination is generally not completely separate from the merits of the action.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Sofia Marin, a Spanish national, was extradited to Chicago to face federal fraud charges. After sentencing, she was served with a civil complaint by North Harbor Lending Group while reporting to probation, and the district court denied her motion to dismiss based on claimed immunity from civil service of process.

May Sofia immediately appeal that denial as a collateral order under 28 U.S.C. § 1291?

Explanation. The order is not immediately appealable. Under the collateral order doctrine, an order must be effectively unreviewable after final judgment. The Court held that a claimed immunity from civil service of process for an extradited person is not, in essence, a right not to stand trial; rather, it is best understood as an objection to the court's power to subject the defendant to a binding judgment. Because that kind of objection can be vindicated on appeal after final judgment, immediate appeal is unavailable. (Derived from Van Cauwenberghe v. Biard (1988).)