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Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33 (1980)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33 (1980)
Allied Chemical Corp. v. Daiflon, Inc. No. 71-1895 Decided November 17, 1980 449 U.S. 33
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE TENTH CIRCUIT
Syllabus
Held: Where the District Court, because of error in certain of its evidentiary rulings in respondent’s private antitrust action, had entered a nonappealable interlocutory order granting a new trial after the jury had returned a verdict for respondent, the Court of Appeals erred in issuing a writ of mandamus directing the trial court to restore the verdict as to liability but permitting a new trial on damages. The remedy of mandamus is a drastic one, to be invoked only in extraordinary situations. The party seeking issuance of the writ must have no other adequate means to obtain the relief he desires, and thus a trial court’s ordering of a new trial, which is reviewable on direct appeal after a final judgment has been entered, rarely, if ever, will justify the issuance of the writ. To overturn a new trial order by way of mandamus undermines the policy against piecemeal appellate review.
Certiorari granted; 612 F.2d 1249, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33 (1980) in 449 U.S. 33 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=NSMU8XLMLSBCAFV.
MLA: U.S. Supreme Court. "Syllabus." Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33 (1980), in 449 U.S. 33, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=NSMU8XLMLSBCAFV.
Harvard: U.S. Supreme Court, 'Syllabus' in Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33 (1980). cited in 1980, 449 U.S. 33. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=NSMU8XLMLSBCAFV.
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