Question juridique clé
Whether the federal appeal was admissible against an incidental cantonal decision striking a late response and counterclaim
Solution extraite
The appeal was admissible only insofar as the decision finally disposed of the counterclaim; it was inadmissible as to the mere exclusion of the response because no irreparable harm was shown.
Motifs extraits
An incidental decision is generally reviewable only if it can cause irreparable legal harm. The exclusion of the response alone could not do so, since any loss could be remedied by the final judgment. The counterclaim aspect was treated as a partial decision under Art. 91 let. a LTF.