Order Was Not Final And Appealable When Court Was Willing To Consider Reducing The Amount Of Judgment
KERR - MCGEE CHEMICAL CORPORATION v. LEFTON IRON & METAL COMPANY (June 30, 2009)
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Kerr-McGee received a $4.8 million judgment in 1996 against Lefton Iron & Metal Company for its costs in cleaning up contaminated property. Kerr-McGee continued to expend funds on the cleanup post-judgment. The district court increased the judgment to $9.5 million in 2003. In response to Lefton’s argument that it should receive credit for Kerr-McGee's receipt of insurance proceeds, the court invited Lefton to address the issue in a separate motion Instead, Lefton appealed.
In their opinion, Chief Judge Easterbrook and Judges Evans and Sykes dismissed for want of jurisdiction. The Court noted that the lower court entered a money judgment but was prepared to consider a reduction. If the lower court simply neglected to consider the issue, the Court stated that the order would have been final. Of course, it would then have remanded the case for consideration of the issue. Here, however, the court did not neglect to consider the issue -- it invited a motion. Therefore, the decision is not final and the Court lacks jurisdiction.
Michael Rigney practices in the law offices of GVC Ltd. in Chicago. In this blog, he reports on select