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PRIVILEGE DENIALS: Allow prompt appeals

Once in a while, a trial judge makes a mistake that will do irreparable damage unless it is fixed immediately. That is one rationale behind the "collateral order doctrine," a narrow exception to the final judgment rule that allows federal appeals courts to review certain trial court decisions before final judgment. The doctrine recognizes that some protections ? sovereign immunity and double jeopardy, for example ? can be effectively preserved only if immediate appellate review is allowed. It is time the U.S. Supreme Court added decisions denying claims of attorney-client privilege to the list of immediately appealable collateral orders ? something it will have occasion to do this term.
Published Thursday, April 09, 2009 5:31 PM by Law.com - National Law Journal

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