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Perspective

Dec. 10, 2014

A new wrinkle in appeal analysis

Subject to a handful of exceptions, federal appeals must follow a final judgment. Interlocutory orders generally are reviewable only by extraordinary writs and rarely granted. By James C. Martin, Paula M. Mitchell and Anne M. Grignon


By James C. Martin, Paula M. Mitchell and Anne M. Grignon


Subject to a handful of statutory exceptions, federal appeals - like most state appeals - must follow a final judgment. Interlocutory orders, by comparison, generally are reviewable only by extraordinary writs, which are rarely granted. But federal courts have carved out an exception for certain interlocutory "collateral orders," which do not terminate the litigation, but (1) are conclusive, (2...

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