Collateral Order Doctrine (Litigator Series)


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So too, the U. Chamber of Commerce. But I'm not so sure. Leaving aside the specific doctrinal issues vis-a-vis the collateral order doctrine, I'm curious what folks think about the underlying issue, i. Are lawyers special, in this regard? In Colorado, it isn't terribly uncommon in state law practice to appeal denials of privilege of all kinds, and even refusals to grant protective orders that don't involve claims of privilege, in what amounts to a mandamus petition the Latin terminology is gone, but the remedy is not to the state supreme court.

The procedure is in practice similar to a certiori process where the court first decides whether to take the issue, and then resolves it on the merits after a proper briefing. The basic justification in all of these cases is that these issues would otherwise be rendered moot, yet they protect important rights. In the same way, a denial of a qualified immunity defense ruling is appealable because the right is a right not to face extended litigation rather than mere immunity from liability. Likewise, preliminary injunctions are eligible for appeal because their impact pending litigation is a final merits determination.


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Posted by: ohwilleke Jul 15, PM. The same way you expect thornier issues when a lawyer's divulging his confidence could give a doctor information to save his client's life an attorney in a hospital, not his field of practice or how a doctor should testify in court to save a life by helping someone be found not guilty a doctor in court, not his field of practice.

But someone who works in Field X should be able to be most confidential in Field X.

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Pennsylvania Code & Bulletin

Our Sponsor Advertise here! Subscribe to this blog's feed. Search Site. The employer was denied the dismissal. The employer tried to get an immediate appeal, saying the case would be resolved more quickly if the decision turned out differently. But the appeals court said No. Beneficial Industrial Loan Corp.

In Cohen , a shareholder of a relatively small percentage of corporate interest had sued the corporation on behalf of all of the other shareholders. The district court refused to apply the new NJ law to the ongoing case. The corporation appealed and won.

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A Haunting of Shadows

When the case came to the Supreme Court, the Justices had to determine first whether the order was suitable for an immediate appeal anyway, given that the litigation was not final. The Court said it was:. This decision appears to fall in that small class which finally determine claims of right separable from, and collateral to, rights asserted in the action, too important to be denied review and too independent of the cause itself to require that appellate consideration be deferred until the whole case is adjudicated. The current statement of the Collateral Order Doctrine is that the order must:.

Livesay When a state tries to assert immunity from litigation and is rejected, the immediate appeal may be recognized under the Collateral Order Doctrine. It violates the Constitutional concept of Federalism. But suppose you sued the state anyway, and the district court did not grant the state immunity. In that situation, the state could pause the case and appeal right away.

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In Mohawk Industries, Inc. Carpenter , a party requested to keep information sealed under the attorney-client privilege. The party sought to appeal under the Collateral Order Doctrine, but the Supreme Court rejected the appeal. The Court said that the question of privilege could be reviewed effectively at the end of the case:. In our estimation, postjudgment appeals generally suffice to protect the rights of litigants and assure the vitality of the attorney-client privilege. Appellate courts can remedy the improper disclosure of privileged material in the same way they remedy a host of other erroneous evidentiary rulings: by vacating an adverse judgment and remanding for a new trial in which the protected material and its fruits are excluded from evidence.

The ruling surprised some commentators who would have expected that a party should have a chance to be saved from having to reveal potentially privileged information.

The Collateral Order Doctrine and Interlocutory Review of Agency Decisions

But the Supreme Court swept that concern into the regular batch of litigation concerns - issues which can be appealed later. The writ of mandamus is another exceptionally rare type of middle-of-the-game appeal. So while the most well known instance of a writ of mandamus Marbury v. Madison is not an appeal to a court decision, it may be used to get an immediate appeal.

Res Judicata

The court may suspect the party of trying to avoid the dual-discretionary function of the interlocutory appeal. See How mandamus and interlocutory appeals interact Aaron S.

A Primer on the Finality of Decisions for Appeal

Bayer, National Law Journal, Suppose a court simply refuses to honor a valid court order from another state. Or a judge interprets a law completely contrarily to any other court in the nation. Here are some examples of attempts to use the writ of mandamus to get an immediate appeal. In La Buy v. Howes Leather Co. Without getting permission of the parties, the judge just decided that he would delegate the pre-trial proceedings of those lawsuits to a magistrate judge a lesser-qualified judge.

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The parties sought a writ of mandamus that the judge did not have the authority to delegate his tasks of trying the case. The appeals court and the Supreme Court agreed that the writ of mandamus was justified. Apple had been sued in Texas and tried to get the case transferred to California. The Federal Circuit Court of Appeals agreed. In Juliana v.

Collateral Order Doctrine (Litigator Series) Collateral Order Doctrine (Litigator Series)
Collateral Order Doctrine (Litigator Series) Collateral Order Doctrine (Litigator Series)
Collateral Order Doctrine (Litigator Series) Collateral Order Doctrine (Litigator Series)
Collateral Order Doctrine (Litigator Series) Collateral Order Doctrine (Litigator Series)
Collateral Order Doctrine (Litigator Series) Collateral Order Doctrine (Litigator Series)
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