Cite as: 537 U. S. 129 (2003)
Opinion of the Court
proceedings are to take place in the state courts. Cox Broadcasting Corp. v. Cohn, 420 U. S. 469, 477-483 (1975) (outlining four exceptions to the finality rule). See also, e. g., ASARCO Inc. v. Kadish, 490 U. S. 605, 611-612 (1989) (applying the Cox exceptions); Duquesne Light Co. v. Barasch, 488 U. S. 299, 306-307 (1989) (same).
Respondents contend the decision below did not result in a final judgment for purposes of § 1257(a) because the Washington Supreme Court remanded the case for further proceedings. They are only partially correct.
As we have already described, we have now before us a consolidated case consisting of two separate actions: an action under the State of Washington's Public Disclosure Act and a tort action. Respondents are correct that the decision below does not constitute a final judgment with respect to the tort action. In that case, the Washington Supreme Court resolved only a discovery dispute; it did not determine the final outcome of the litigation. Nor do any of the exceptions outlined in Cox Broadcasting Corp. v. Cohn, supra, apply to the tort action.5 Accordingly, we dismiss the writ
5 With respect to the first Cox exception, the Washington Supreme Court's interpretation of § 409 is not conclusive and does not foreordain the outcome of the proceedings below, as petitioner might well be able to prove that its actions regarding the 168/B intersection were not negligent. Cox Broadcasting Corp. v. Cohn, 420 U. S. 469, 479 (1975). Moreover, petitioner's victory on the merits would moot the discovery issue; accordingly, the second Cox exception is not implicated. Id., at 480. And, if petitioner does not prevail on the merits, it remains free to raise the discovery issue on appeal. Even if the Washington Supreme Court adheres to its interlocutory ruling as "law of the case," we would still be able to review the discovery issue once a final judgment has been entered. Jefferson v. City of Tarrant, 522 U. S. 75, 82-83 (1997). In short, the third Cox exception does not help petitioner either. 420 U. S., at 481. Finally, this is not a case where "reversal of the state court on the federal issue would be preclusive of any further litigation," id., at 482-483, because respondents remain free to try their tort case without the disputed documents. Rather, the decision below controls "merely . . . the nature and
141
Page: Index Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: October 4, 2007