794 F.3d 787
7th Cir.2015Background
- Sinovel Wind Group (USA) was served with a criminal summons in Texas related to indictments for trade secret theft, conspiracy, wire fraud, and copyright infringement.
- Sinovel USA argued it was the alter ego of Sinovel and that service on Sinovel USA satisfied service of process on Sinovel itself.
- The district court denied Sinovel’s motion to quash; Sinovel appealed and separately sought mandamus, arguing improper service and jurisdictional defects.
- The Seventh Circuit dismissed the collateral-order appeal for lack of appellate jurisdiction, ruling the denial did not fit the collateral-order doctrine.
- The court also denied the mandamus petition, holding the extraordinary circumstances standard was not met and an adequate post-final judgment remedy existed.
- The court discussed whether foreign-government minority ownership could create jurisdictional advantages and concluded FSIA rules do not provide a “thumb on the scale” for such entities.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of the motion to quash service is appealable collateral order. | Sinovel argues collateral-order jurisdiction applies. | United States contends no collateral-order jurisdiction. | No collateral-order jurisdiction; appeal dismissed. |
| Whether mandamus is appropriate to compel quashing service before final judgment. | Mandamus is the only adequate remedy to prevent harm. | Mandamus is improper and not warranted here. | Writ of mandamus denied; no extraordinary circumstances. |
Key Cases Cited
- Mohawk Indus., Inc. v. Carpenter, 558 U.S. 100 (2009) (collateral-order doctrine is narrow and exceptional)
- Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949) (collateral orders must be conclusively determinate and reviewable later)
- Will v. Hallock, 546 U.S. 345 (2006) (limit expansion of collateral-order jurisdiction)
- Samantar v. Yousuff, 560 U.S. 305 (2010) (foreign-state immunity boundaries; FSIA interpretation caution)
- Dole Food Co. v. Patrickson, 538 U.S. 468 (2003) (majority-state ownership threshold for instrumentality status under FSIA)