Ermenegildo Zegna Corp. v. Lanificio Mario Zegna, S.P.A.
Docket: No. 03-7845
Court: Court of Appeals for the Second Circuit; March 3, 2004; Federal Appellate Court
The appeal by Lanificio Mario Zegna, S.P.A. (LMZ) has been dismissed by the United States Court of Appeals for the Second Circuit. The appeal arose from a decision by the United States District Court for the Southern District of New York (Judge Baer), which compelled LMZ to disclose information demonstrating compliance with a previously confirmed arbitration award. The appellate court clarified that under 28 U.S.C. § 1291, it has jurisdiction over appeals from final decisions of district courts; however, orders related to discovery are typically considered interlocutory and not appealable unless they are part of a final decision resolving a case on its merits. The court noted that the district court's order, while following its final confirmation of the arbitration award, does not constitute a final decision. Instead, it anticipates potential disputes regarding LMZ’s compliance with the award, which could require further interpretation of the agreement and possibly a remand to arbitration. The current order simply directs LMZ to demonstrate compliance with the award without mandating additional actions, thus not establishing a basis for appellate jurisdiction. Consequently, the appeal is dismissed.