United States Sixth Circuit

Defendants' petition for a writ of mandamus, arising from plaintiffs' racial discrimination suit against their employer, is granted in part, denied in part and remanded where: 1) defendant's appeal of the district court's grant of plaintiffs' motion for a new trial is dismissed as such an order is generally not appealable as the order does not qualify as a "final decision" under 28 U.S.C section 1291; 2) defendant's contention that jurisdiction exists to consider its appeal by means of reviewing the district court's purported finding of alleged attorney misconduct is rejected; 3) the petition is granted to the extent of directing the district court to rule on the outstanding disparate-impact claims within 90 days from the filing of this opinion; and 4) remainder of the petition is denied.

Appellate Information

• Argued 04/30/2010
• Decided 06/04/2010
• Published 06/04/2010

Judges

• Before MOORE and GILMAN, Circuit Judges; RUSSELL, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Kevin C. Klein, Metropolitan Department of Law, Nashville, Tennessee, for Appellant. Martin D. Holmes, Dickinson Wright PLLC, Nashville, Tennessee, for Appellees. ON BRIEF:Kevin C. Klein, James W.J. Farrar, Allison L. Bussell, Metropolitan Department of Law, Nashville, Tennessee, for Appellant. Martin D. Holmes, Colleen M. Sweeney, Dickinson Wright PLLC, Nashville, Tennessee, for Appellees.