Litigation
Defendants Can Appeal Summary Judgment Dismissals of Co-Defendants
High court resolves circuit split on procedural issue.
By Bradley C. Guin
2 min read
In Amedee v. Aimbridge Hospitality LLC, 21-01906 (La. 2022), 351 So. 3d 321, the Louisiana Supreme Court resolved a circuit split on the following issue: Where multiple defendants are named in a lawsuit and one is dismissed by a summary judgment motion, may another defendant appeal that dismissal if the plaintiff failed to similarly appeal? The Supreme Court answered that question in the affirmative, “hold[ing] that a defendant may appeal a summary judgment dismissal of a co-defendant even when the plaintiff chose not to appeal that judgment.” Id. at 323.
Previously, the Fourth and Fifth Circuits held that a defendant could not appeal the summary judgment dismissal of a co-defendant if the plaintiff did not appeal. There was also an intra-circuit split on the issue in the Third Circuit.
In reaching its conclusion, the Supreme Court explained that “it is incumbent that a determination by summary judgment that a party is free of fault be correct. That determination can only be accomplished by making the judgment subject to review, whether that review be sought by a plaintiff or one of the remaining defendants.” Id. at 334. The Court also stated: “[T]o prohibit appellate review of a summary judgment by a co-defendant, even where a plaintiff did not appeal, diminishes the search for truth – the object of a lawsuit – and denies a defendant the ability to fully defend itself.” Id. at 334–35.
The Supreme Court reversed the Fourth Circuit’s judgment and remanded the matter to the court of appeal for further proceedings.
Previously, the Fourth and Fifth Circuits held that a defendant could not appeal the summary judgment dismissal of a co-defendant if the plaintiff did not appeal. There was also an intra-circuit split on the issue in the Third Circuit.
In reaching its conclusion, the Supreme Court explained that “it is incumbent that a determination by summary judgment that a party is free of fault be correct. That determination can only be accomplished by making the judgment subject to review, whether that review be sought by a plaintiff or one of the remaining defendants.” Id. at 334. The Court also stated: “[T]o prohibit appellate review of a summary judgment by a co-defendant, even where a plaintiff did not appeal, diminishes the search for truth – the object of a lawsuit – and denies a defendant the ability to fully defend itself.” Id. at 334–35.
The Supreme Court reversed the Fourth Circuit’s judgment and remanded the matter to the court of appeal for further proceedings.