A party to a federal lawsuit files a motion for an interlocutory appeal concerning the denial of a motion to dismiss based on lack of personal jurisdiction. Under what circumstances would such an interlocutory appeal be permitted?
When the decision denies dismissal of a claim that could substantially prolong litigation.
When the decision involves an important legal issue separate from the merits of the case and is effectively unreviewable after final judgment.
When the trial court issues an order that sets substantial precedent for a similar legal dispute.
When the issue concerns a claim central to the plaintiff's case.
Interlocutory appeals are generally not permitted because appellate courts avoid reviewing issues until a final judgment is reached. However, an interlocutory appeal may be available if the issue falls within certain exceptions, such as when a decision qualifies under the collateral order doctrine. The collateral order doctrine allows review of orders that conclusively determine important issues separate from the merits of the case, are effectively unreviewable on appeal from a final judgment, and resolve an important legal question. An order denying a motion to dismiss based on lack of personal jurisdiction often meets these requirements, as it involves a distinct legal question. Other situations, such as general trial management issues or the rejection of lesser claims, do not meet the rigorous standards for an exception.
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Multistate Bar Examination
Civil Procedure
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