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ALLIED CHEM. CORP. V. DAIFLON, INC., 449 U. S. 33 (1980)

U.S. Supreme Court

Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33 (1980)

Allied Chemical Corp. v. Daiflon, Inc.

No. 71-1895

Decided November 17, 1980

449 U.S. 33


Held: Where the District Court, because of error in certain of its evidentiary rulings in respondent's private antitrust action, had entered a nonappealable interlocutory order granting a new trial after the jury had returned a verdict for respondent, the Court of Appeals erred in issuing a writ of mandamus directing the trial court to restore the verdict as to liability but permitting a new trial on damages. The remedy of mandamus is a drastic one, to be invoked only in extraordinary situations. The party seeking issuance of the writ must have no other adequate means to obtain the relief he desires, and thus a trial court's ordering of a new trial, which is reviewable on direct appeal after a final judgment has been entered, rarely, if ever, will justify the issuance of the writ. To overturn a new trial order by way of mandamus undermines the policy against piecemeal appellate review.

Certiorari granted; 612 F.2d 1249, reversed.

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