Circuit split · civil procedure

Whether an order imposing sanctions falls within the Cohen collateral-order exception and is therefore immediately appealable under 28 U.S.C. § 1291

1 federal appellate case on this question, each acknowledging the disagreement in its own words.

Kelly J. Deherrera v. City and County of Denver, Acting By, and Through Its Board of Water Commissioners W. Thomas Richards, Individually and in His Official Capacity as Superintendent of Maintenance of the Denver Water Department Charles Chapman, Individually and in His Official Capacity as Transportation Foreman of the Denver Water Department, David L. Smith, Attorney-Appellant. Kelly J. Deherrera v. Lewis T. Babcock, District Judge7 F3D 1044
Tenth Circuit Court of Appeals · September 3, 1993
“--paragraphs that precede the court's holding that a sanction order does not fall within the Cohen exception--in which the court notes there is a split of authority among the circuits over Cohen 's applicability to sanction orders, and then discusses the Cohen requirements for a collateral order.” — Split of authority
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The provision at issue

28 U.S.C. § 1291 — Final decisions of district courts

“The courts of appeals (other than the United States Court of Appeals for the Federal Circuit) shall have jurisdiction of appeals from all final decisions of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, except where a direct review may be had in the Supreme Court. The jurisdiction of the United States Court of Appeals for the Federal Circuit shall be limited to the jurisdiction described in sections 1292(c) …”

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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.

Joined by · 10th Cir.G.J.B. & Assocs., Inc. v. Singleton913 F.2d 824

What the split turns on

Anchor precedents:: Cohen v. Beneficial Industrial Loan Corp.337 U.S. 541
Statutes:: 28 U.S.C. § 1291
Doctrines & tests:: collateral order doctrine ·; Cohen collateral order exception ·; final judgment rule

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.