Circuit split · civil procedure
Whether an order awarding attorney fees is immediately appealable as a collateral or final order separate from the merits of the underlying case
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
Sixth Circuit Court of Appeals · May 21, 1998
“This circuit split is somewhat puzzling in light of the Supreme Court’s recognition that orders awarding attorney fees are appealable independent of the disposition of the merits of the underlying case.” — Acknowledges a circuit split
Empirical analysis of this case →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- DiscussedHoward90 F.3d 437
“This fact does not change our analysis of the third Cohen factor, however; it is important not to “improperly blur the line between the impossibility of effective review necessary under the Cohen doctrine and [the] mere inconvenience of monitoring the former client’s case and performing the other tasks necessary to perfect an appeal.” Howard, 90 F.3d at 437 .” — Starcher v. Correctional Medical Systems, Inc., acknowledging the split
What the split turns on
- Anchor precedents:
- Budinich v. Becton Dickinson & Co.486 U.S. 196
- Doctrines & tests:
- collateral order doctrine ·
- Cohen test
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.