Kanatser v. Chrysler Corp.

Unable to concur in the conclusion of the majority that the action of the district court in granting a new trial should be reviewed on certiorari, I note without extended discussion the grounds of my dissent.

It is well settled that under section 1651 of the Judicial Code, 28 U.S.C. § 1651, this court has jurisdiction to issue writs of certiorari, mandamus, and prohibition. These writs are issued or withheld in the sound judicial discretion of the court, and they are usually denied where another adequate remedy is available. The traditional use of the writs has been in appropriate cases to…