Civil Litigation
Aug. 11, 2015
Death of the death knell doctrine?
A recent ruling added a significant limitation on the doctrine in class cases.
James C. Martin
Partner
Reed Smith LLP
Phone: (213) 457-8002
Email: jcmartin@reedsmith.com
James is in the firm's Appellate Group, resident in the Los Angeles and Pittsburgh offices. He is certified as specialists in appellate law by the California State Bar Board of Legal Specialization.
Every appellate specialist knows a final judgment is the key that unlocks the door to the appellate realm. There are, however, a handful of statutory and common law exceptions to that immutable finality requirement, and one of the most well-established is the so-called "death knell" doctrine. That doctrine applies to orders, like the denial of class certification, that effectively end the litigation. See Daar v. Yellow Cab Co., 67 Cal. 2d 695,...
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