[Download] "Jones v. Griffith" by United States Court of Appeals for the Seventh Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Jones v. Griffith
- Author : United States Court of Appeals for the Seventh Circuit
- Release Date : January 30, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Dr. Harold Griffith, the potential defendant in a prospective malpractice case, appeals from a "preliminary determination" made by a federal district court under the Indiana Medical Malpractice Act (Ind. Code §Â§ 16-9.5-1-1 et seq.). See 688 F. Supp. 446 (N.D. Ind. 1988). Preliminary determinations (as the name implies) ordinarily lack finality, and so are not appealable in the federal judicial system. But we shall see that under the Malpractice Act the preliminary determination is the last order made by the trial court in the proceeding before it (a proceeding to obtain a preliminary determination), as well as the first one. It is therefore final and appealable, even though, as we shall also see, it may be preliminary or ancillary to a proceeding in another, or indeed the same, forum. University Life Ins. Co. of America v. Unimarc Ltd., 699 F.2d 846, 848-50 (7th Cir. 1983); Graphic Communications Union v. Chicago Tribune Co., 779 F.2d 13, 14-15 (7th Cir. 1985).