Also known as: collateral order exceptions · collateral-order exception · collateral order doctrine
Written by attorneys · grounded in primary & secondary sources — see below
An exception to the final judgment rule that permits immediate appeal of certain interlocutory orders. The exception applies when an order conclusively determines a disputed question, resolves an important issue completely separate from the merits, and would be effectively unreviewable on appeal from a final judgment.
Cynthia Cortez sued a state agency for breach of contract in federal court. The agency moved to dismiss on Eleventh Amendment grounds. The district court denied the motion. The agency immediately appealed. The order conclusively resolved the immunity claim, addressed a right separate from the contract dispute, and would be lost if the agency had to litigate to final judgment.
Christopher Collins sued his former employer for discrimination. During discovery the district court ordered production of privileged documents. The employer immediately appealed. The order finally decided the privilege claim, resolved an issue separate from the discrimination allegations, and could not be remedied after final judgment once the documents were disclosed.
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Christine Castro sought documents from a federal agency through discovery. The district court rejected the agency's claim of executive privilege. The agency immediately appealed. The ruling conclusively disposed of the privilege assertion, addressed a question distinct from the underlying claims, and would be lost once the documents left government control.
Cody Callahan faced criminal charges and refused antipsychotic medication. The district court ordered him medicated to restore competency. Callahan immediately appealed. The order conclusively decided the medication issue, resolved a question separate from guilt or innocence, and could not be undone after trial once the medication had been administered.
Cassandra Cooper sued a state under the Americans with Disabilities Act. The district court denied the state's motion to dismiss on sovereign immunity grounds. The state immediately appealed. The denial conclusively resolved the immunity claim, addressed a right separate from the statutory cause of action, and would be destroyed if the state had to proceed to trial.
Clifford Cox, a police officer, moved for summary judgment on qualified immunity in an excessive-force suit brought by Cedar Creek Farms. The district court denied the motion on undisputed facts and set the case for trial. Cox immediately appealed. The order conclusively rejected the immunity defense, resolved an issue separate from liability, and would be lost once the burdens of trial began.
The order must conclusively determine the disputed question. It must resolve an important issue completely separate from the merits. It must be effectively unreviewable on appeal from a final judgment.
Supporting sources
Yes. The denial conclusively resolves the claimed right not to stand trial. The immunity issue is separate from ultimate liability. The protection from suit would be lost if review waited until after trial.
Supporting sources
Only if it meets all three collateral order requirements. The order must conclusively decide the disclosure issue. The privacy or competitive interest must be separate from the merits. Disclosure must destroy the right in a way no post-judgment remedy can restore.
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It does when the bond serves as protection from abusive litigation costs. The denial conclusively resolves the claimed right. The cost-protection issue stands apart from the malpractice claims. The right would be lost once the defendant incurs unrecoverable expenses during trial.
Supporting sources
…entitled to absolute immunity. App. to Pet. for Cert. 1a-3a. Independently of former President Nixon, petitioners invoked the collateral order doctrine and appealed the denial of their immunity defense to the Court of Appeals for the District of Columbia Circuit. The Court of Appeals dismissed the appeal without opinion. Id. , at 11a-12a.…