Partial summary judgments are by their terms interlocutory, and where assessment of damages or awarding of other relief remains to be resolved have never been considered to be "final" within the meaning of 28 U.S.C.S. § 1291.
Petitioner employer challenged the court of appeal's decision ruling in favor of respondents on the issue of petitioner's liability under Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e et seq., based on petitioner's allegedly discriminatory employee health benefit and pregnancy leave policies. The court of appeals had affirmed the district court's grant of partial summary judgment as to respondents.
Did the employee's insurance benefits and maternity leave regulations discriminate against women?
the United States Supreme Court dismissed for lack of a final appealable order under Fed. R. Civ. P. 54(b). Although the ruling had been favorable to petitioner and the district court employed the proper appellate language, to wit, "no just reason for delay," the district court had neglected to grant respondents compensatory or exemplary damages, attorney's fees, or injunctive relief, as prayed for in the complaint. Alternatively, the interlocutory decision was not rendered appealable by application of either 28 U.S.C.S. §§ 1292(a)(1) or 1292(b). The Court vacated and remanded with instructions to dismiss petitioner's appeal.