Legal Opinion
Subsalve USA Corp. v. Watson Manufacturing, Inc.
Court of Appeals for the First Circuit
Decided September 7, 2006No. 05-2645PublishedCited by 26 opinions
1Opinion of the Court
SELYA, Circuit Judge.
This appeal presents the conundrum of what to do when a district court order purports both to grant a motion to dismiss and to transfer the action to a different district. Based on clear evidence of the district judge’s intent, we hold that the order should be construed as a transfer order and that, therefore, immediate appellate review of the underlying findings is unavailable.
I. BACKGROUND
On December 21, 2004, plaintiff-appellant Subsalve USA Corporation (Subsalve), a Rhode Island company, instituted a civil action in the United States District Court for the District of…
2Cases cited28 opinions
- Catlin v. United StatesSupreme Court of the United States · 1945
- Gibbs v. BuckSupreme Court of the United States · 1939
- Camilo-Robles v. HoyosCourt of Appeals for the First Circuit · 1998
- United States v. Ven-Fuel, Inc.Court of Appeals for the First Circuit · 1985
- United States v. William M. Davis, Ashland, Inc.Court of Appeals for the First Circuit · 2001
23 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Negrón-Almeda v. SantiagoCourt of Appeals for the First Circuit · 2008
- Russ Herman v. Cataphora, Incorporated, etCourt of Appeals for the Fifth Circuit · 2013
- Alstom Caribe, Inc. v. Geo. P. Reintjes Co.Court of Appeals for the First Circuit · 2007
- Alicea v. MacHete MusicCourt of Appeals for the First Circuit · 2014
- Castural Thompson v. Wal-Mart Stores, Inc.Court of Appeals for the Eighth Circuit · 2006
21 more not listed; retrieve them via the Exa API.