Alpine Glass, Inc. v. Country Mutual Insurance Co.
2012 U.S. App. LEXIS 15962
8th Cir.2012Background
- Alpine Glass, Inc. (Alpine) appeals district court denial of consolidation for 482 Minnesota No-Fault short-pay arbitration claims against Country Mutual Insurance Co. and five subsidiaries.
- Claims arise from insured drivers assigning auto-glass claims to glass shops, which seek reimbursement from insurers.
- No-Fault disputes over short pays are subject to mandatory arbitration under Minn. Stat. § 65B.525.
- District court split consolidation by policy limitations: 248 consolidated, 234 dismissed due to two-year limitations.
- Alpine appealed directly without §1292(b) certification; court raised jurisdiction questions sua sponte in light of controlling authorities.
- Court ultimately dismissed the appeal for lack of appellate jurisdiction, noting consolidation order is not a final §1291 order and collateral-order review is inappropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the denial of consolidation appealable under §1291 final judgment rule? | Alpine contends appeal lies under collateral order. | Country contends no final judgment or collateral-order basis. | No jurisdiction under §1291 or collateral-order doctrine; dismissal affirmed. |
| Does collateral order doctrine permit immediate review of consolidation denial? | Alpine argues consolidation denial is a collateral-worthy, important issue. | Country disputes collateral-order applicability. | Collateral order review not warranted; interest insufficiently 'high-order' to warrant immediate appeal. |
| Are there alternative review paths (e.g., 1292(b) or mandamus) to challenge the consolidation ruling? | Alpine could seek prompt review to avoid piecemeal arbitration. | Reflects general policy, not standalone collateral-review necessity. | Interlocutory avenues exist but not applicable here; court declines jurisdiction and notes safety valves exist but not triggered. |
Key Cases Cited
- Illinois Farmers Ins. Co. v. Glass Serv. Co., 683 N.W.2d 792 (Minn. 2004) (public policy and consolidation via No-Fault arbitration cited; finality concerns discussed)
- Allstate Ins. Co. v. Alpine Glass, 531 F.3d 685 (8th Cir. 2008) (collateral order review discussed; consolidation not reviewable before final judgment)
- Illinois Farmers, 531 F.3d 679 (8th Cir. 2008) (no final §1291 jurisdiction for arbitration consolidation; de novo arbitrator review anticipated)
- Mohawk Indus., Inc. v. Carpenter, 130 S. Ct. 599 (U.S. 2010) (limits collateral-order review to high-order, important rights)
- Digital Equipment Corp. v. Desktop Direct, Inc., 511 U.S. 863 (U.S. 1994) (collateral order doctrine as narrow exception to final judgment rule)
- Will v. Hallock, 546 U.S. 345 (U.S. 2006) (review under collateral order doctrine requires significant public-interest impact)