An Injunction By Another Name May Still Immediately Be Appealed

The Third Circuit recently reaffirmed its authority to hear appeals from district court interlocutory orders that grant prospective equitable relief under 28 U.S.C. § 1292(a)(1), even where injunctive relief had not expressly been sought. Ramara, Inc. v. Westfield Ins. Co., 814 F.3d 660 (3d Cir. 2016). Such an order is immediately appealable, even though remaining elements of a case prevent the order from being a final order.

In Ramara, the district court entered partial summary judgment in an insurance coverage dispute and, as part of the relief, ordered appellant Westfield Insurance Company to prospectively defend Ramara in an underlying tort action. Westfield had refused to defend or indemnify Ramara on the ground that Ramara was not an insured party under the applicable policy. In ruling in favor of Ramara, the district court held that Ramara was entitled to a defense; that it could recover nearly $105,000 in fees and expenses that it had already incurred to that