Read Taco John's of Huron, Inc. v. Bix Produce Co., LLC, 08-3432

In a negligence class action involving the provision of contaminated lettuce to restaurant franchises, appeal following district court's Rule 54(b) certification for immediate appeal is dismissed for lack of jurisdiction where the case does not present sufficient exigency as there is no danger or hardship in allowing it to take its ordinary course.

Appellate Information

• Decided 06/25/2009
• Published 06/25/2009

Judges

• ARNOLD, Circuit Judge., Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Barbara A. Bagdon, argued, Minneapolis, MN, James Michael Dady, Minneapolis, MN, on the brief, appellant.


• For Appellees:
  
• Mark J. Arndt, argued, Sioux Falls, SD, for appellee.