Perspective
May 3, 2013
9th Circuit injects confusion into collateral order jurisprudence
While the court reached the right result, it omitted to analyze recent U.S. Supreme Court authority on a key issue. By Maytak Chin and Paul D. Fogel
The federal collateral order doctrine, which permits a litigant to take an otherwise prohibited interlocutory appeal, doesn't exactly make for exciting dinner conversation. Adding to that conversation how the doctrine works in connection with a denial of Noerr-Pennington immunity no doubt would motivate some dinner guests to drift off and contemplate whether to have the chocolate mousse or the crème ca...
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