44 F.3d 1284, 1295 (5th Cir.1995). The court has recognized this incongruity but has not yet addressed it. Marine Shale Processors, Inc. v. United States Environmental Protection Agency, 81 F.3d 1371, 1380 n. 2 (5th Cir.1996). Further, the Fifth Circuit’s rationale ignores other policy concerns. If a partial summary judgment is never to have preclusive effect, a party involved in a series of suits against different litigants will have the option to avoid preclusive effects in future suits simply by settling the current suit whenever an unfavorable summary judgment order is issued. This would be directly contrary to the goal of judicial economy that collateral estoppel is designed to promote. Parklane, 439 U.S. at 326, 99 S.Ct. at 649. So long as it would not b , 563-64 (1990) (<HOLDING>); Harris Trust & Sav. Bank v. John Hancock Mut.
holding a bad faith claim does not arise until there is a final determination of the insurers liability claimants damages and resolution of any appeals holding that reversal for a new trial on liability is appropriate only where the error complained of affects only the issues of liability holding that an order establishing liability but referring the issue of damages to arbitration is not final holding that determination only of liability issues is sufficiently final to support issue preclusion although the damages trial remained holding an order of default was not final where it resolved only the question of liability and the case was continued for proof on the issue of damages