Legal Opinion · Dissent
Braswell Shipyards, Inc. v. Beazer East, Inc.
Court of Appeals for the Fourth Circuit
Decided August 23, 1993No. 92-1476Published
1DissentLuttig, Circuit Judge
The majority takes the unusual step of holding that the district court abused its discretion merely by entering judgment under Fed.R.Civ.P. 54 on the only jury verdict before it, concluding that the district court instead should have suspended entry of judgment until independent claims under the Comprehensive Environmental Response, Compensation and Liability Act (“CERC-LA”) are litigated and resolved. Not even the appellant assigned as error the district court’s entry of judgment under Rule 54. Indeed, all of the parties to this suit specifically agreed to bifurcate the CERCLA claims from…
2Cases cited9 opinions
- Curtiss-Wright Corp. v. General Electric Co.Supreme Court of the United States · 1980
- Sears, Roebuck & Co. v. MacKeySupreme Court of the United States · 1956
- Cullen v. MargiottaCourt of Appeals for the Second Circuit · 1987
- Seatrain Shipbuilding Corp. v. Shell Oil Co.Supreme Court of the United States · 1980
- David S. Sheehan and Barbara J. Sheehan v. Atlanta International Insurance Company and Integrity Insurance CompanyCourt of Appeals for the Ninth Circuit · 1987
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