Cunningham v. Hamilton County, 527 U.S. 198, 8 (1999)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Cite as: 527 U. S. 198 (1999)

Opinion of the Court

Respondent conceded that the sanctions order was conclusive, Brief in Opposition 11, so at least one of the collateral order doctrine's conditions is presumed to have been satisfied. We do not think, however, that appellate review of a sanctions order can remain completely separate from the merits. See Van Cauwenberghe, supra, at 527-530; Coopers & Lybrand v. Livesay, 437 U. S. 463, 469 (1978). In Van Cauwenberghe, for example, we held that the denial of a motion to dismiss on the ground of forum non conveniens was not a final decision. We reasoned that consideration of the factors underlying that decision such as "the relative ease of access to sources of proof" and "the availability of witnesses" required trial courts to "scrutinize the substance of the dispute between the parties to evaluate what proof is required, and determine whether the pieces of evidence cited by the parties are critical, or even relevant, to the plaintiff's cause of action and to any potential defenses to the action." 486 U. S., at 528. Similarly, in Coopers & Lybrand, we held that a determination that an action may not be maintained as a class action also was not a final decision, noting that such a determination was enmeshed in the legal and factual aspects of the case. 437 U. S., at 469.

Much like the orders at issue in Van Cauwenberghe and Coopers & Lybrand, a Rule 37(a) sanctions order often will be inextricably intertwined with the merits of the action. An evaluation of the appropriateness of sanctions may require the reviewing court to inquire into the importance of the information sought or the adequacy or truthfulness of a response. See, e. g., Thomas E. Hoar, Inc. v. Sara Lee Corp., 882 F. 2d 682, 687 (CA2 1989) (adequacy of responses); Outley

ness subject to a discovery order, but not held in contempt, generally may not appeal the order. See, e. g., United States Catholic Conference v. Abortion Rights Mobilization, Inc., 487 U. S. 72, 76 (1988); United States v. Ryan, 402 U. S. 530, 533-534 (1971); Cobbledick v. United States, 309 U. S. 323, 327-330 (1940); Webster Coal & Coke Co. v. Cassatt, 207 U. S. 181, 186-187 (1907); Alexander v. United States, 201 U. S. 117, 121 (1906).

205

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: October 4, 2007