## Facts

- Kraus (plaintiff) brought a wrongful-death action against the Board of County Road Commissioners (defendant) based on alleged wrongdoing connected to a Michigan roadway.
- The Board raised a statutory defense under Michigan law requiring a claimant to give written notice of the claim within a specified time.
- The Board moved for summary judgment, arguing the suit was barred because Kraus did not give the required written notice within the statutory period.
- The federal district court denied summary judgment, reasoning that the Michigan notice requirement did not apply to wrongful-death actions.
- In the same order, the district court certified the notice question for immediate review under 28 U.S.C. § 1292(b).
- The Board sought interlocutory review in the United States Court of Appeals for the Sixth Circuit.

## Issues

1. Should the Sixth Circuit permit an interlocutory appeal under 28 U.S.C. § 1292(b) from an order denying summary judgment on the ground that a Michigan notice-of-claim statute bars the plaintiff’s wrongful-death action?

## Decision

- The Sixth Circuit declined to allow the interlocutory appeal under 28 U.S.C. § 1292(b).
- The appeal was dismissed, leaving the district court’s order denying summary judgment in place.
- The court did not reach the merits of whether Michigan’s notice statute applies to wrongful-death claims, leaving that issue for any later appeal after final judgment.

## Legal Principles

- 28 U.S.C. § 1292(b) is a limited exception to the final-judgment rule and is not a general device for early appellate review of nonfinal orders.
- Even when a district court certifies an order under § 1292(b), the court of appeals retains complete discretion to deny immediate review.
- Interlocutory review is generally disfavored when it would result in fragmented, step-by-step appeals and the issue can be reviewed effectively after final judgment.
- Denials of summary judgment, standing alone, ordinarily do not justify § 1292(b) intervention absent a strong showing that immediate review is necessary to avoid needless proceedings.

## Conclusion

Kraus v. Board of County Road Commissioners holds that certification under § 1292(b) does not entitle a party to immediate review and that interlocutory appeals should be reserved for rare situations; because the denial of summary judgment could be reviewed after final judgment without forcing piecemeal appellate litigation, the Sixth Circuit dismissed the attempted interlocutory appeal without deciding the Michigan notice-statute question.


Kraus v. Board of County Road Commissioners, 364 F.2d 919 (1966)