26 Cited authorities

Coopers Lybrand v. Livesay
437 U.S. 463 (1978) Cited 2,849 times 32 Legal Analyses
Holding that a district court's "discretionary" determination that a suit may not proceed as a class action under Federal Rule of Civil Procedure 23 was not a "final decision" appealable under § 1291
Swint v. Chambers County Comm'n
514 U.S. 35 (1995) Cited 1,139 times 5 Legal Analyses
Holding that a denial of a motion for summary judgment on a Monell claim is not appealable under the collateral order doctrine because the defendant's argument would amount to a "mere defense to liability" that could be "reviewed effectively on appeal from final judgment"
Ahrenholz v. Board of Trustees of the University of Illinois
219 F.3d 674 (7th Cir. 2000) Cited 618 times 1 Legal Analyses
Holding that a "question of law" under § 1292(b) "means an abstract legal issue rather than an issue of whether summary judgment should be granted"
Klinghoffer v. S.N.C. Achille Lauro
921 F.2d 21 (2d Cir. 1990) Cited 426 times 2 Legal Analyses
Holding that "it continues to be true that only 'exceptional circumstances [will] justify a departure from the basic policy of postponing appellate review until after the entry of a final judgment.'"
Shipping Corp. of India Ltd. v. Jaldhi Overseas Pte Ltd.
585 F.3d 58 (2d Cir. 2009) Cited 216 times 3 Legal Analyses
In Shipping Corp. of India Ltd. v. Jaldhi Overseas Pte Ltd., 585 F.3d 58 (2d Cir. 2009), we determined that under New York law "EFTs are neither the property of the originator nor the beneficiary while briefly in the possession of an intermediary bank."
In re Senior Cottages
482 F.3d 997 (8th Cir. 2007) Cited 200 times
Holding that an amendment that would be dismissed under Rule 12 is futile and therefore denied
Henry v. Lake Charles American Press
566 F.3d 164 (5th Cir. 2009) Cited 171 times 5 Legal Analyses
Holding that interlocutory appeal of denial of anti-SLAPP dismissal under Louisiana law permitted
Seitz v. Detweiler
448 F.3d 672 (3d Cir. 2006) Cited 175 times
Holding that a district court, on summary judgment, may disregard an affidavit that is contradicted by earlier or later deposition testimony
Matter of Educators Group Health Trust
25 F.3d 1281 (5th Cir. 1994) Cited 222 times
Holding that the property of bankruptcy estate includes causes of action
Thabault v. Chait
541 F.3d 512 (3d Cir. 2008) Cited 141 times
Concluding that the sole actor exception did not apply in that case because the agents owned only 65% of the principal's stock
Section 1292 - Interlocutory decisions
28 U.S.C. § 1292 Cited 22,918 times 203 Legal Analyses
Granting appellate jurisdiction over certain types of interlocutory orders

The Official Stanford Investors Committee et al v. Greenberg Traurig, LLP et al

26 Cited authorities

Holding that a district court's "discretionary" determination that a suit may not proceed as a class action under Federal Rule of Civil Procedure 23 was not a "final decision" appealable under § 1291

Holding that a denial of a motion for summary judgment on a Monell claim is not appealable under the collateral order doctrine because the defendant's argument would amount to a "mere defense to liability" that could be "reviewed effectively on appeal from final judgment"

Holding that a "question of law" under § 1292(b) "means an abstract legal issue rather than an issue of whether summary judgment should be granted"

Holding that "it continues to be true that only 'exceptional circumstances [will] justify a departure from the basic policy of postponing appellate review until after the entry of a final judgment.'"

In Shipping Corp. of India Ltd. v. Jaldhi Overseas Pte Ltd., 585 F.3d 58 (2d Cir. 2009), we determined that under New York law "EFTs are neither the property of the originator nor the beneficiary while briefly in the possession of an intermediary bank."

Holding that an amendment that would be dismissed under Rule 12 is futile and therefore denied

Holding that interlocutory appeal of denial of anti-SLAPP dismissal under Louisiana law permitted

Holding that a district court, on summary judgment, may disregard an affidavit that is contradicted by earlier or later deposition testimony

Holding that the property of bankruptcy estate includes causes of action

Concluding that the sole actor exception did not apply in that case because the agents owned only 65% of the principal's stock

Granting appellate jurisdiction over certain types of interlocutory orders