You’ve just received a pretrial decision that seems to doom your client. You brace yourself for delivering the news and buckling down for a difficult trial. After all, there is no way to appeal that decision right now. Or is there?
Some decisions actually are appealable on an interlocutory basis. And although interlocutory appeals are difficult to obtain if that decision does not fall within one of the categorical entitlements, it is worth taking a moment to consider the options and counsel your client about them.
First, check to see if the adverse decision qualifies automatically for an interlocutory appeal as a matter of statutory right. In federal court, that includes an order denying arbitration (9 U.S.C. § 16); an order granting, modifying, or denying a preliminary injunction (28 U.S.C. § 1292(a)); and an order appointing a receiver (28 U.S.C. § 1292(a)).
Originally published in The Woman Advocate - ABA Litigation Section on March 26, 2014.
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