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Monday, December 01, 2014

Ind. Decisions - 7th Circuit decides one Indiana case today - on issue in Emily Herx case

In Emily Herx v. Diocese of Fort Wayne-South Bend (ND Ind., Miller), a 13-page ruling, Judge Sykes writes:

A Catholic school in Fort Wayne, Indiana, discharged a language-arts teacher because she underwent in vitro fertilization in violation of the moral teaching of the Catholic Church. She sued the school and the local diocese alleging that they unlawfully discriminated against her because of her sex and disability. The case comes to us from an order denying the defendants’ motion for summary judgment. Because that decision is nonfinal, the plaintiff has moved to dismiss for lack of appellate jurisdiction. For the reasons that follow, we grant the motion. * * *

We express no opinion on the merits of the district court’s summary-judgment decision. We hold only that the Diocese has not made a persuasive case for expanding the scope of the collateral-order doctrine to cover the interlocutory decision rendered here. We do not question the importance of the interests the Diocese has asserted. But those interests will not be irreparably harmed by enforcement of the final-judgment rule. See McCarthy, 714 F.3d at 975 (explaining that “to be appealable as a collateral order the order must (unless reversed) wreak irreparable harm on the appellant”). Because the district court’s decision is not effectively unreviewable on an appeal from a final judgment, the collateral-order doctrine does not apply. We grant Herx’s motion and DISMISS the appeal for lack of jurisdiction.

ILB: Here is a long list of earlier ILB entries on the Herx case.

Posted by Marcia Oddi on December 1, 2014 02:16 PM
Posted to Ind. (7th Cir.) Decisions