The #6thCir appears to have extended Microsoft to manufactured appeals after interlocutory decisions that effectively resolve the case, shutting down a valuable tool for accelerating the inevitable end of district court proceedings.
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https://finaldecisions.org/an-unfortunate-extension-of-microsoft
Final DecisionsAn Unfortunate Extension of Microsoft - Final DecisionsAfter an interlocutory order that appears to have precluded the plaintiff from prevailing, the plaintiff asked the district court to enter summary judgment against it. The Sixth Circuit held that this didn’t produce a final decision.