Remember the court has awarded no relief. A judgment shall not contain a recital of pleadings, the report of a master, or the record of prior proceedings. The district court dismissed Counts I and II, and decided the plaintiffs could appeal the dismissal. The District Court finds Liberty Mutual liable for breaching its contract and assesses damages, but does not decide the Title VII remedies. The defendant can appeal this finding of liability and damages now.
Plaintiffs get partial summary judgment on liability.
But before I consider all kinds of nasty and complicated relief, I want to know that I'm right. The defendant can appeal the finding of liability right now. When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order. Plaintiffs are entitled to partial summary judgment on liability. Moreover, it is clear Liberty Mutual had better stop its current illegal practices.