Collateral Order Doctrine | Practical Law

Collateral Order Doctrine | Practical Law

Collateral Order Doctrine

Collateral Order Doctrine

Practical Law Glossary Item 4-517-3480 (Approx. 3 pages)

Glossary

Collateral Order Doctrine

A legal principle that permits a party to appeal an interlocutory ruling immediately without waiting for a final determination of the underlying case. The collateral order doctrine is a narrow exception to the final judgment rule, which requires parties to wait for a final judgment before appealing any court ruling in a case (Midland Asphalt Corp. v. United States, 489 U.S. 794, 798 (1989)).
Generally, a final judgment is a decision by the court that terminates the litigation on the merits and leaves the lower court with nothing to do other than execute the judgment (Dandong v. Pinnacle Performance Ltd., , at *8 (S.D.N.Y. Dec. 12, 2011)). Under the collateral order doctrine, however, parties may appeal interlocutory rulings before a final judgment if the parties would lose their rights without an immediate appeal (Dandong, , at *8).
Under the collateral order doctrine, parties may appeal interlocutory rulings only if the order:
  • Conclusively determines the disputed question.
  • Resolves an important issue completely separate from the merits of the action.
  • Would be unreviewable on appeal from a final judgment.