Collateral Order Doctrine

News & Analysis as of

Motion to Quash Service Is Not a Collateral Order and Therefore Not Appealable - United States v. Sinovel Wind Grp. Co.

The U.S. Court of Appeals for the Seventh Circuit concluded that the district court’s denial of defendant Sinovel’s motion to quash service of process is not an appealable order under the collateral order doctrine. The Court...more

Temperatures Rise in Mann Libel Suit

It has been a few months since I wrote about Michael Mann’s libel suit against National Review, the Competitive Enterprise Institute and two contributors. During that time, the parties have been very busy in both the...more

DC Court of Appeals Holds that Denial of Motion to Quash Under DC Anti-SLAPP Statute Is Immediately Appealable

Yesterday, in its first decision interpreting the DC Anti-SLAPP statute, the DC Court of Appeals (DC’s highest court) held that: - the denial of a special motion to quash under the statute is immediately appealable...more

Federal Court Report - Fourth Circuit Denies Appeal When There are Genuine Issues of Fact on Defendants’ Immunity Defense

In an unpublished opinion, the Fourth Circuit considered the defendants’ appeal from the denial of their motion for summary judgment based on qualified immunity. Cooper v. Lippa No. 13-2055 (4th Cir. April 4, 2014). The Court...more

Ninth Circuit Declines to Reconsider Applicability of Anti-SLAPP Statute in Federal Court

Thanksgiving arrived early for those who use California’s anti-SLAPP statute to fight meritless claims targeting free speech and petition rights. On Nov. 27, 2013, the Ninth Circuit Court of Appeals refused to reconsider its...more

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