collateral order doctrine造句
例句與造句
- An interlocutory appeal under the collateral order doctrine usually merits a stay of proceedings while the appeal is being decided.
- Immediate appeal of that ruling, we held, fit within the Cohen collateral order doctrine . 431 U . S ., at 662.
- "The collateral order doctrine is best understood not as an exception to the ` final decision'rule laid down by Congress in s1291, but as a ` practical construction'of it ."
- The Court of Appeals agreed with the denial of absolute immunity, but held, with respect to the denial of qualified immunity, that the District Court's order was not appealable under the collateral order doctrine.
- United States v . MacDonald, 435 U . S . 850, 858-859 ( 1978 ) ( denial of pretrial motion to dismiss an indictment on speedy trial grounds held not appealable under collateral order doctrine ).
- It's difficult to find collateral order doctrine in a sentence. 用collateral order doctrine造句挺難的
- ""'Mohawk Industries, Inc . v . Carpenter " "',, is a United States Supreme Court case in which the Court held that disclosure orders adverse to attorney client privilege do not qualify for immediate appeal under the collateral order doctrine.
- When we placed within the collateral order doctrine decisions denying pleas of government officials for qualified immunity, we stressed that an official's qualified immunity is " an immunity from suit rather than a mere defense to liability; and like an absolute immunity, it is effectively lost if a case is erroneously permitted to go to trial ."
- The Supreme Court of the United States delineated the test for the availability of interlocutory appeals, called the collateral order doctrine, for United States federal courts in the case of " Lauro Lines s . r . l . v . Chasser ", 490 U . S . 495 ( 1989 ), holding that under the relevant statute ( ) such an appeal would be permitted only if:
- The ruling thus fails the Cohen test, which " disallow ( s ) appeal from any decision which is tentative, informal or incomplete . " 337 U . S ., at 546; see Coopers & Lybrand v . Livesay, 437 U . S . 463, 469 ( 1978 ) ( order denying class certification held not appealable under collateral order doctrine, in part because such an order is " subject to revision in the District Court " ).
- See, e . g ., ante, at---( slip op ., at 9 ); Digital Equipment Corp . v . Desktop Direct, Inc ., 511 U . S .---,---( 1994 ) ( slip op ., at 15 ) ( Cohen inquiry " simply cannot be answered without a judgment about the value of the interests that would be lost through rigorous application of a final judgment requirement " ); Coopers & Lybrand, supra, at 468 ( disputed question must " resolve an important issue " ); Richardson-Merrell Inc . v . Koller, 472 U . S . 424, 436 ( 1985 ); see also Lauro Lines s . r . l . v . Chasser, 490 U . S . 495, 502 ( 1989 ) ( SCALIA, J ., concurring ) ( " The importance of the right asserted has always been a significant part of our collateral order doctrine " ).