The doctrine permits appeal of an order that conclusively determines a disputed question, resolves an important issue separate from the merits, and is effectively unreviewable on appeal from final judgment.
The Supreme Court has construed it narrowly.
Alternative Names:
Cohen Doctrine, Collateral Order Exception
Why it Matters?
Immunity denials are the paradigm application, since qualified and sovereign immunity protect against the burden of litigation itself and would be lost if review waited for final judgment. That rationale is what limits the doctrine, because most rulings are effectively reviewable later even if inconvenient. Attempts to extend it to discovery and privilege orders have generally failed.
Frequently Confused with
Related terms
Frequently asked questions
What is the paradigm application?
Why do most extensions fail?
