Digital Equipment Corporation v. Desktop Direct, Inc. (1993)
- Docket
- 93-405
- Decided
- 1993-01-01
Summary
Question: Is the denial of a "right not to sue" established by a settlement agreement immediately appealable under the Supreme Court's decision in Coopers & Lybrand v. Livesay , 437 U.S. 463? Conclusion: No. In a unanimous decision, the Supreme Court ruled that the denial of immunity - while cause for concern - does not automatically create a right to immediate appeal. It is important to have final judgments before appeals are made, Justice David H. Souter wrote for the Court, and exceptions should only be made in particularly important cases. A "right not to go to trial," while significant, is rarely the key factor in a settlement agreement, and cannot compare in importance to the right to be free from "double jeopardy" in criminal court or the encroachment on public duties caused by a denial of immunity to public officials.