Filed: May 10, 2012
Latest Update: May 10, 2012
Summary: ORDER CHRISTOPHER C. CONNER, District Judge. AND NOW, this 10th day of May, 2012, upon consideration of plaintiff's motion (Doc. 218) to certify for interlocutory appeal the order of court dated October 5, 2011 (Doc. 208), which adopted in part and rejected in part the Report and Recommendation (Doc. 178) by Magistrate Judge Carlson on the defendants' motions for summary judgment (Docs. 104, 114); and it appearing that plaintiff seeks to certify the question of whether the Pennsylvania statut
Summary: ORDER CHRISTOPHER C. CONNER, District Judge. AND NOW, this 10th day of May, 2012, upon consideration of plaintiff's motion (Doc. 218) to certify for interlocutory appeal the order of court dated October 5, 2011 (Doc. 208), which adopted in part and rejected in part the Report and Recommendation (Doc. 178) by Magistrate Judge Carlson on the defendants' motions for summary judgment (Docs. 104, 114); and it appearing that plaintiff seeks to certify the question of whether the Pennsylvania statute..
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ORDER
CHRISTOPHER C. CONNER, District Judge.
AND NOW, this 10th day of May, 2012, upon consideration of plaintiff's motion (Doc. 218) to certify for interlocutory appeal the order of court dated October 5, 2011 (Doc. 208), which adopted in part and rejected in part the Report and Recommendation (Doc. 178) by Magistrate Judge Carlson on the defendants' motions for summary judgment (Docs. 104, 114); and it appearing that plaintiff seeks to certify the question of whether the Pennsylvania statute defining insurable interests, 40 PA. STAT. § 512, makes parties' intent relevant in determining whether, at the time of the inception of a life-insurance policy, an insurable interest existed (see Doc. 219, at 11-12); and the court concluding that, under the federal statute governing interlocutory appeals, 28 U.S.C. § 1292(b),1 plaintiff has not set forth any "exceptional circumstances" that would "justify a departure from the basic policy postponing appellate review under after the entry of a final judgment," Coopers & Lybrand v. Livesay, 437 U.S. 463, 475 (1978) (quoting Fisons, Ltd. v. United States, 458 F.2d 1241, 1248 (7th Cir. 1972)), particularly that (1) the question of law that plaintiff seeks to have certified is not controlling, in that a contrary conclusion from the Pennsylvania Supreme Court would lead to remand rather than reversal,2 (2) there is no substantial ground for difference of opinion on the issue involved, as all parties agree that the language of 40 PA. STAT. § 512 is unambiguous and its plain meaning controls,3 and (3) immediate appeal is more likely to cause further and undue delay in this litigation rather than advance its ultimate determination, as discovery has already closed and no possible outcome of the requested interlocutory appeal would eliminate the need for trial;4 and the court noting that, even were the plaintiff able to make a strong showing under all three elements required under § 1292(b), a district court may nonetheless deny interlocutory appeal,5 it is hereby ORDERED that plaintiff's motion (Doc. 218) to certify for interlocutory appeal the order of court dated October 5, 2011 (Doc. 208) is DENIED. See 28 U.S.C. § 1292(b).