Van Cauwenberghe v. Biard

PETITIONER: Van Cauwenberghe
RESPONDENT: Biard
LOCATION: City of Brookfield: City Hall

DOCKET NO.: 87-336
DECIDED BY: Rehnquist Court (1988-1990)
LOWER COURT:

CITATION: 486 US 517 (1988)
ARGUED: Mar 21, 1988
DECIDED: Jun 13, 1988

Facts of the case

Question

Media for Van Cauwenberghe v. Biard

Audio Transcription for Oral Argument - March 21, 1988 in Van Cauwenberghe v. Biard

Audio Transcription for Opinion Announcement - June 13, 1988 in Van Cauwenberghe v. Biard

William H. Rehnquist:

The opinions of the Court in two cases, No. 87-336, Van Cauwenberghe versus Biard, No. 87-498, Berkovitz versus United States will be announced by Justice Marshall.

Thurgood Marshall:

The first case is here on certiorari to the United States Court of Appeals for the Ninth Circuit.

We hold in that case that neither an order denying a motion to dismiss based on an extradited person’s claim that he is immune from civil process nor an order denying a motion to dismiss on the ground of forum non conveniens is a collateral order subject to appeal as a final judgment under 28 U.S.C. 1291.

We therefore affirm the judgment of the Court of Appeals.