Clark v. Taylor

I dissent because this decision has marked precedential significance (since I think it overrules many decisions of the Supreme Court, of this Court, and of other Circuit Courts) and because it is distinctly harmful to both parties to this appeal. My reasons, more in detail, follow.

1. Grave injustice may easily stem from the application, without a nice regard to the particular facts of a case, of wide generalizations about “piecemeal appeals.” Apparently, at least for a moment, my colleagues (although somewhat reluctantly) so recognize. For, in support of their conclusion (which is contrary to…