Supreme Court of the United States

Allied Chemical Corp. v. Daiflon, Inc.

November 17, 1980449 U.S. 33

Summary

The Court, in a per curiam opinion, granted the petition for certiorari and reversed the Tenth Circuit's order granting a writ of mandamus that restored the jury verdict. The majority held that a mandamus order cannot be used to review an interlocutory order granting a new trial because such orders are not extraordinary and the party has adequate alternative avenues for review. Justice Blackmun, joined by Justice White, dissented, arguing that the case presented unusual facts warranting full consideration and that the Court should have granted certiorari to examine the mandamus issue more thoroughly.

Holding

  • Whether a litigant may obtain review of an interlocutory order granting a new trial by way of a writ of mandamus. No; a mandamus order cannot be used to review a discretionary interlocutory order granting a new trial because such orders are not extraordinary and the litigant has other adequate means of relief.

Docket 79-1895

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