Commercial Litigation and Arbitration

Mere Existence of Issue of First Impression Insufficient to Warrant 1292(b) Interlocutory Appeal — If Questions of First Impression Alone Were Sufficient, Courts of Appeals Would Be Besieged with Piecemeal Appeals — Good Quote

Tavares v. S-L Dist. Co., 2014 U.S. Dist. LEXIS 146414 (M.D. Pa. June 12, 2014):

Initially, we note that neither the Third Circuit nor Pennsylvania courts have addressed the particular choice-of-law issue before us. However, that the issue is one of first impression does not make a prima facie case for certification of appeal. See Cuttic, 806 F. Supp. 2d at 805 (citing Shaup v. Frederickson, No. 97-7260, 1998 WL 800321, at *3 (E.D. Pa. Nov. 17, 1998) ("If questions of first impression alone were sufficient to warrant certification for an immediate appeal, our Court of Appeals would be besieged with piecemeal interlocutory appeals.")).

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