Firestone Tire & Rubber Co. v. Risjord

449 U.S. 368, 101 S. Ct. 669, 66 L. Ed. 2d 571, 1981 U.S. LEXIS 55, 49 U.S.L.W. 4089
CourtSupreme Court of the United States
DecidedJanuary 13, 1981
Docket79-1420
StatusPublished
Cited by1,360 cases

This text of 449 U.S. 368 (Firestone Tire & Rubber Co. v. Risjord) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368, 101 S. Ct. 669, 66 L. Ed. 2d 571, 1981 U.S. LEXIS 55, 49 U.S.L.W. 4089 (1981).

Opinions

Justice Marshall

delivered the opinion of the Court.

This case presents the question whether a party may take an appeal, pursuant to 28 U. S. C. § 1291,1 from a district court order denying a motion to disqualify counsel for the opposing party in a civil case. The United States Court of Appeals for the Eighth Circuit held that such orders are not appealable, but made its decision prospective only and there[370]*370fore reached the merits of the challenged order. We hold that orders denying motions to disqualify counsel are not appealable final decisions under § 1291, and we therefore vacate the judgment of the Court of Appeals and remand with instructions that the appeal be dismissed for lack of jurisdiction.

I

Respondent is lead counsel for the plaintiffs in four product-liability suits seeking damages from petitioner and other manufacturers of multipiece truck tire rims for injuries caused by alleged defects in their products.2 The complaints charge petitioner and the other defendants with various negligent, willful, or intentional failures to correct or to warn of the supposed defects in the rims. Plaintiffs seek both compensatory and exemplary damages. App. 6-72.

Petitioner was at all relevant times insured by Home Insurance Co. (Home) under a contract providing that Home would be responsible only for some types of liability beyond a minimum “deductible” amount. Home was also an occasional client of respondent's law firm.3 Based on these facts, petitioner in May 1979 filed a motion to disqualify respondent from further representation of the plaintiffs. Petitioner argued that respondent had a clear conflict of interest because his representation of Home would give him an incentive to structure plaintiffs’ claims for relief in such a way as to enable the insurer to avoid any liability. This in turn, petitioner [371]*371argued, could increase its own potential liability. Home had in fact advised petitioner in the course of the litigation that its policy would cover neither an award of compensatory damages for willful or intentional acts nor any award of exemplary or punitive damages.4 The District Court entered a pretrial order requiring that respondent terminate his representation of the plaintiffs5 unless both the plaintiffs and Home consented to his continuing representation.6 Id., at 157, 160.

In accordance with the District Court’s order, respondent filed an affidavit in which he stated that he had infprmedboth the plaintiffs and Home of the potential conflict and that neither had any objection to his continuing representation of them both. He filed supporting affidavits executed by the plaintiffs and by a representative of Home. Because he had satisfied the requirements of the pretrial order, respondent was able to continue his representation of the plaintiffs. Petitioner objected to the District Court’s decision to permit respondent to continue his representation if he met the stated [372]*372conditions, and therefore filed a notice of appeal pursuant to 28 U. S. C. § 1291.7

Although it did not hear oral argument on the appeal, the Eighth Circuit decided the case en banc and affirmed the trial court’s order permitting petitioner to continue representing the plaintiffs.8 In re Multi-Piece Rim Products Liability, 612 E. 2d 377 (1980). Before considering the merits of the appeal, the court reconsidered and overruled its prior decisions holding that orders denying disqualification motions were immediately appealable under § 1291. The Court of Appeals reasoned that such orders did not fall within the collateral-order doctrine of Cohen v. Beneficial Industrial Loan Corp., 337 U. S. 541 (1949), which allows some appeals prior to final judgment. Because it was overruling prior cases, the court stated that it would reach the merits of the challenged order “[i]n fairness to the appellant in the instant case,” but [373]*373held that in the future, appellate review of such orders would have to await final judgment on the merits of the main proceeding.9 612 F. 2d, at 378-379. We granted certiorari, 446 U. S. 934 (1980), to resolve a conflict among the Circuits on the appealability question.10

II

Under § 1291, the courts of appeals are vested with “jurisdiction of appeals from all final decisions of the district courts . . . except where a direct review may be had in the Supreme Court.” We have consistently interpreted this language as indicating that a party may not take an appeal under this section until there has been “a decision by the District Court that ‘ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.’ ” Coopers [374]*374& Lybrand v. Livesay, 437 U. S. 463, 467 (1978), quoting Catlin v. United States, 324 U. S. 229, 233 (1945). This rule, that a party must ordinarily raise all claims of error in a single appeal following final judgment on the merits, serves a number of important purposes. It emphasizes the deference that appellate courts owe to the trial judge as the individual initially called upon to decide the many questions of law and fact that occur in the course of a trial. Permitting piecemeal appeals would undermine the independence of the district judge, as well as the special role that individual plays in our judicial system. In addition, the rule is in accordance with the sensible policy of “avoid [ing] the obstruction to just claims that would come from permitting the harassment and cost of a succession of separate appeals from the various rulings to which a litigation may give rise, from its initiation to entry of judgment.” Cobbledick v. United States, 309 U. S. 323, 325 (1940). See DiBella v. United States, 369 U. S. 121, 124 (1962). The rule also serves the important purpose of promoting efficient judicial administration. Eisen v. Carlisle & Jacquelin, 417 U. S. 156, 170 (1974).

Our decisions have recognized, however, a narrow exception to the requirement that all appeals under § 1291 await final judgment on the merits. In Cohen v. Beneficial Industrial Loan Cory., supra, we held that a “small class” of orders that did not end the main litigation were nevertheless final and appealable pursuant to § 1291. Cohen was a shareholder’s derivative action in which the Federal District Court refused to apply a state statute requiring a plaintiff in such a suit to post security for costs. The defendant appealed the ruling without awaiting final judgment on the merits, and the Court of Appeals ordered the trial court to require that costs be posted.

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449 U.S. 368, 101 S. Ct. 669, 66 L. Ed. 2d 571, 1981 U.S. LEXIS 55, 49 U.S.L.W. 4089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/firestone-tire-rubber-co-v-risjord-scotus-1981.