Ind. H. B. R. Co. v. Am. Cyanamid Co. - 860 F.2d 1441 (7th Cir. 1988)

Rule:

The court has an independent duty to determine whether it has jurisdiction over an appeal.

Facts:

Appellee railroad company moved for summary judgment on one of two counts seeking recovery from appellant company for cleanup costs resulting from a chemical leak. The district court granted appellee's motion, holding that Illinois law would impose strict liability for injuries resulting from the leak. Appellant filed a motion requesting that the district court certify its order for immediate appeal under 28 U.S.C.S. § 1292(b), or alternatively, under Fed. R. Civ. P. 54(b). The district court expressly determined that there was no just reason for delay in hearing an appeal and directed that judgment be entered against appellant pursuant to Rule 54(b). Appellant sought review. 

Issue:

Could the appellate court take cognizance of the present appeal under Fed. R. Civ. P. 54(b)? 

Answer:

No.

Conclusion:

On appeal, the court dismissed the case for lack of jurisdiction. The court held that it was unclear how appellee's strict liability and negligence counts, which under existing authority would be "one claim for relief" if the strict liability count was dismissed, could be multiple claims when a judgment was entered in appellee's favor on the very same count. The court therefore dismissed the appeal for lack of jurisdiction.