Cite as: 520 U. S. 911 (1997)
Opinion of the Court
Corp., 337 U. S. 541 (1949). In that case, as in all of our cases following it, we were construing the federal statutory language of 28 U. S. C. § 1291.5 While some States have adopted a similar "collateral order" exception when construing their jurisdictional statutes,6 we have never suggested that federal law compelled them to do so. Indeed, a number of States employ collateral order doctrines that reject the limitations this Court has placed on § 1291.7 Idaho could, of
5 Thus, in Mitchell we explained: "In holding these and similar issues of absolute immunity to be appealable under the collateral order doctrine, see Abney v. United States, [431 U. S. 651 (1977)]; Helstoski v. Meanor, 442 U. S. 500 (1979); Nixon v. Fitzgerald, 457 U. S. 731 (1982), the Court has recognized that a question of immunity is separate from the merits of the underlying action for purposes of the Cohen test even though a reviewing court must consider the plaintiff's factual allegations in resolving the immunity issue. Accordingly, we hold that a district court's denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an appealable 'final decision' within the meaning of 28 U. S. C. § 1291 notwithstanding the absence of a final judgment." 472 U. S., at 528-530 (footnote omitted).
6 See, e. g., Richardson v. Chevrefils, 131 N. H. 227, 231, 552 A. 2d 89, 92 (1988) ("Although all of the court's rulings . . . would normally be treated as interlocutory, . . . [w]e have followed Mitchell in accepting the State defendants' appeal from the order denying their motion for summary judgment"); Murray v. White, 155 Vt. 621, 626, 587 A. 2d 975, 977-978 (1991) ("In [Mitchell], the Supreme Court held that a trial court's denial of a claim of qualified immunity met these [collateral order] requirements, and we agree with this determination"); Park County v. Cooney, 845 P. 2d 346, 349 (Wyo. 1992) ("We believe the state decisions which allow appeal, for the reasons detailed in Mitchell . . . , are better reasoned; and we therefore hold that an order denying dismissal of a claim based on qualified immunity is an order appealable to this court").
7 See, e. g., Goldston v. American Motors Corp., 326 N. C. 723, 727, 392 S. E. 2d 735, 737 (1990) (disqualification of counsel is appealable under state collateral order doctrine notwithstanding Richardson-Merrell Inc. v. Koller, 472 U. S. 424 (1985)); Hanson v. Federal Signal Corp., 451 Pa. Super. 260, 264-265, 679 A. 2d 785, 787-788 (1996) (same for class certification denial notwithstanding Coopers & Lybrand v. Livesay, 437 U. S. 463 (1978)).
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