Van Cauwenberghe v. Biard

486 U. S. 517

June 13, 1988

Van Cauwenberghe (we’ll call him V.C. from now on) was a Belgium citizen who was extradited to America for a criminal trial. While in America for the trial, he was served with a closely related civil lawsuit. V.C. moved to dismiss the civil suit on the grounds of forum non conveniens, and on the grounds that criminal defendants present in America on extradition were immune from civil suits. The District Court ruled against these two grounds, and V.C. tried to appeal immediately, before the civil trial. The question was whether V.C. could appeal the jurisdictional issues prior to the completion of the District Court trial.

The Court ruled unanimously that early appeal was not possible. Marshall said that Court precedents allowed early appeal only if the issue was readily separable from all other issues in the trial, and only if review would be impossible after the full trial. With respect to immunity, Marshall held that the ultimate right sought by immunity was the right to not be subject to a binding final judgment, and not the right to have no trial at all. Thus, the immunity issue could still be reviewable after the full trial. With respect to forum non conveniens, Marshall said the determination was too intertwined with various other trial issues, and not readily separable at all. Poor V.C. was just going to have to go through his civil suit.

At a minimum, I wanted to see a dissent. The jurisdictional concerns raised by V.C. are not trivial, and I do think an alleged complete lack of jurisdiction is important enough for immediate appellate review. On both grounds, Marshall’s reasoning does not entirely satisfy. Reading this opinion leaves the unfortunate aftertaste of a foreigner being railroaded, à la Amanda Knox.

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