Collateral Order Doctrine
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Civil Procedure
Collateral order doctrine
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Criminal Procedure
Collateral order doctrine
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The first full opinion handed down by the U.S. Supreme Court this term came from its newest jurist, Justice Sonia Sotomayor. The unanimous ruling in Mohawk Industries Inc. v. Carpenter held that litigants have no immediate right to appeal orders to compel documents based on a claim of attorney-client privilege under the collateral order doctrine.
In so ruling, Sotomayor stressed the importance of the attorney- client privilege to the judicial system, but said that importance was not outweighed by the interest of awaiting a final verdict before allowing appeals.
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COURT OF APPEALS
Civil Procedure, Collateral order doctrine: The collateral order doctrine did not allow immediate appeal from a district court's order allowing discovery in a breach of lease case; even if an immediate appeal were allowed, it is the Court of Appeals' "considered dicta" that discovery is not barred. Hudson v. HABC, No. 24, Sept. Term 2007. RecordFax No. 7-1107-21, 18 pages.
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... an eleven-page Memorandum Decision and Order dated February 16, 2006, the district court denied.... II. The Collateral Order Doctrine In the alternativ...
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A consumer class-action lawsuit against Koons Automotive Group can proceed after the Court of Special Appeals rejected the company's challenge to the class's certification.
A unanimous three-judge panel held Monday that the certification does not meet the standards for appeal under the collateral order doctrine, which allows for an appeal of a non-final order only if specific conditions are met.
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...The court declined to certify its order for interlocutory appeal, and the Eleventh Circuit... qualify as an immediately appealable collateral order under Cohen v. Beneficial Industrial Loan Co... appeal under the collateral order doctrine. Pp. 4–13. (a) Courts of Appeals “have juri...
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An actual conflict between Ohio law and the law of another jurisdiction must exist before a choice-of-law analysis is undertaken — The doctrine of collateral estoppel cannot be invoked when there is no final order.
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Administrative Law
Disclosure of internal records
... County's motion for summary judgment and ordered disclosure of the records, but not information of ...Civil Procedure. Collateral order doctrine. BOTTOM LINE: The collateral order ...
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... done, L-3 invoked the political question doctrine, cited the Supreme Court's decisions in Coleman an... court in Virginia entered a Memorandum Order dismissing the ATS claims against CACI, but permit... claims of right separable from, and collateral to, rights asserted in the action, too important t...