Temporary Finality? The Fifth Circuit Says "No Dice."

Federalism, like love, is a many-splendored thing. And although stark manifestations are easy to see coming, subtle distinctions can rear their heads in surprising places. Such was the case last month in Luvata Grenada, L.L.C. v. Danfoss Industries S.A. DE C.V., when the United States Court of Appeals for the Fifth Circuit summarily dismissed the claims of a company that sought to sidestep finality to secure an appeal.

As every law student learns in her first semester, one facet of federalism separates state and federal courts: State courts have general jurisdiction, while federal jurisdiction is limited. The difference between the two is one of the checks and balances that prevent the federal government from compromising state sovereignty. Consequently, a person can sue for just about anything in state court, but there are only two ways to get into federal court: (1) rely on federal law or (2) sue someone who lives in a different state or country (for more than