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16 District of Columbia opinions name it 1 courts 1980–2018 0 in the last five years
The cases below were cited by District of Columbia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Borden v. Bordengreen2 sentences1993In both Urciolo and Bittenbender we applied the three-part Cohen test and concluded that orders disqualifying counsel in civil cases are “ ‘effectively unreviewable’ on appeal from a final judgment.” Urciolo, supra, 449 A.2d at 290 ; Bittenbender, supra, 345 A.2d at 490 ; see also Borden v. Borden, 277 A.2d 89, 90 (D.C.1971) (trial court order appointing counsel held to be appealable as a collateral order). 1993In both Urciolo and Bittenbender we applied the three-part Cohen test and concluded that orders disqualifying counsel in civil cases are “ ‘effectively unreviewable’ on appeal from a final judgment.” Urciolo, supra, 449 A.2d at 290 ; Bittenbender, supra, 345 A.2d at 490 ; see also Borden v. Borden, 277 A.2d 89, 90 (D.C.1971) (trial court order appointing counsel held to be appealable as a collateral order). | 2 | 2 |
Donlon Industries, Inc. v. Michael Forte and Gerald Ehrlich, and Tessel, Paturick & Ostrau, Inc., and Lionel Weisergreen2 sentences1981See Donlon Industries, Inc. v. Forte, 402 F.2d 935, 937 (2d Cir. 1968) (questions of law for Cohen exception should be of general importance beyond the immediate concern of the litigants and not simply review for abuse of discretion). 1980See Donlon Industries, Inc. v. Forte, 402 F.2d 935, 937 (2d Cir. 1968) (question of law for Cohen exception should be of general importance beyond the immediate concern of the litigants and not simply review for abuse of discretion). | 2 | 2 |
American Archives' Counsel v. Bittenbendergreen2 sentences1993In both Urciolo and Bittenbender we applied the three-part Cohen test and concluded that orders disqualifying counsel in civil cases are “ ‘effectively unreviewable’ on appeal from a final judgment.” Urciolo, supra, 449 A.2d at 290 ; Bittenbender, supra, 345 A.2d at 490 ; see also Borden v. Borden, 277 A.2d 89, 90 (D.C.1971) (trial court order appointing counsel held to be appealable as a collateral order). 1993In both Urciolo and Bittenbender we applied the three-part Cohen test and concluded that orders disqualifying counsel in civil cases are “ ‘effectively unreviewable’ on appeal from a final judgment.” Urciolo, supra, 449 A.2d at 290 ; Bittenbender, supra, 345 A.2d at 490 ; see also Borden v. Borden, 277 A.2d 89, 90 (D.C.1971) (trial court order appointing counsel held to be appealable as a collateral order). | 1 | 3 |
Farrell v. United Statesgreen2 sentences2009See Farrell v. United States, 646 A.2d 963 (D.C.1994) (commitment for 60-day evaluation related to competency to stand trial meets the Cohen standard). 2009See Farrell v. United States, 646 A.2d 963 (D.C.1994) (commitment for 60-day evaluation related to competency to stand trial meets the Cohen standard). | 1 | 1 |
Rolinski v. Lewisgreen1 sentence2009Rolinski, 828 A.2d at 746-48 (applying Cohen test). | 1 | 1 |
Continental Casualty Co. v. Board of Educationgreen2 sentences1998Co. v. Board of Educ., 302 Md. 516 , 489 A.2d 536, 547 (1985)). 1998Co. v. Board of Educ., 302 Md. 516 , 489 A.2d 536, 547 (1985)). | 1 | 1 |
American Family Mutual Insurance Co. v. Browngreen2 sentences1998Co. v. Brown, 631 S.W.2d 375, 379 (Mo.App.1982). [6] The Maryland Court of Appeals has declined to extend the Cohen rule, and it has held that in the absence of a showing that the insurer acted in bad faith, an insured was not entitled to recover its counsel fees in a successful declaratory judgment action brought to establish coverage under a medical insurance policy. 1998Co. v. Brown, 631 S.W.2d 375, 379 (Mo.App.1982). [6] The Maryland Court of Appeals has declined to extend the Cohen rule, and it has held that in the absence of a showing that the insurer acted in bad faith, an insured was not entitled to recover its counsel fees in a successful declaratory judgment action brought to establish coverage under a medical insurance policy. | 1 | 1 |
Scott v. Jacksongreen2 sentences1993In choosing to follow the Cohen doctrine, this court— like the Supreme Court — has “emphasized that the requirements of the doctrine are difficult to satisfy.” Scott v. Jackson, 596 A.2d 523, 528 (D.C.1991) (citation omitted) (finding no appellate jurisdiction for interlocutory review of pretrial order requiring discovery under the “extraordinary necessity” exception to the statutory peer review privilege governing certain medical records). 1993In choosing to follow the Cohen doctrine, this court— like the Supreme Court — has “emphasized that the requirements of the doctrine are difficult to satisfy.” Scott v. Jackson, 596 A.2d 523, 528 (D.C.1991) (citation omitted) (finding no appellate jurisdiction for interlocutory review of pretrial order requiring discovery under the “extraordinary necessity” exception to the statutory peer review privilege governing certain medical records). | 1 | 1 |
Coopers & Lybrand v. Livesayred2 sentences1988The Cooks I court, therefore, had to find appealability, if at all, under the Cohen doctrine permitting an appeal from any order that represents “a final disposition of a claimed right which is not an ingredient of the cause of action and does not require consideration with it.” Cohen, 337 U.S. at 546-47 , 69 S.Ct. at 1225-26 ; see Coopers & Lybrand v. Livesay, 437 U.S. 463, 468 , 98 S.Ct. 2454, 2457-58 , 57 L.Ed.2d 351 (1978). 1988The Cooks I court, therefore, had to find appealability, if at all, under the Cohen doctrine permitting an appeal from any order that represents “a final disposition of a claimed right which is not an ingredient of the cause of action and does not require consideration with it.” Cohen, 337 U.S. at 546-47 , 69 S.Ct. at 1225-26 ; see Coopers & Lybrand v. Livesay, 437 U.S. 463, 468 , 98 S.Ct. 2454, 2457-58 , 57 L.Ed.2d 351 (1978). | 1 | 1 |
Eisen v. Carlisle & Jacquelingreen2 sentences1981See, e. g., Eisen, supra, 417 U.S. at 172 , 94 S.Ct. at 2150 . 14 . 1981See, e. g., Eisen, supra, 417 U.S. at 172 , 94 S.Ct. at 2150 . 14 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Jeanette B. FLOWERS, Plaintiff-Appellant, v. TURBINE SUPPORT DIVISION Et Al., Defendants-Appelleesgreen1 sentence1993But see Flowers v. Turbine Support Division, 507 F.2d 1242 (5th Cir.1975) (following Roberts in applying Cohen doctrine, before refinement by Coopers & Lybrand, to allow appeal from denial of motion to proceed in forma pauperis when indigent litigant could have proceeded but needed waiver of costs to subpoena additional witnesses). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Cohen v. Beneficial Industrial Loan Corp.
green
2 sentences1991The Cohen exception permits interlocutory appeals from decisions falling into “that small class which finally determine claims of right separable from, and collateral to, rights asserted in the action, [and which are] too important to be denied review and too independent of the cause itself to require that appellate consideration be deferred until the whole case is adjudicated.” Id. at 546 , 69 S.Ct. at 1225-26 . 1991The Cohen exception permits interlocutory appeals from decisions falling into “that small class which finally determine claims of right separable from, and collateral to, rights asserted in the action, [and which are] too important to be denied review and too independent of the cause itself to require that appellate consideration be deferred until the whole case is adjudicated.” Id. at 546 , 69 S.Ct. at 1225-26 . | 3 | 1988–2010 |
McNair Builders, Inc. v. Taylor
green
2 sentences2018McNair Builders, 3 A.3d at 1136 . 2018McNair Builders, 3 A.3d at 1136 . | 2 | 2016–2018 |
Urciolo v. Urciolo
green
2 sentences1993In both Urciolo and Bittenbender we applied the three-part Cohen test and concluded that orders disqualifying counsel in civil cases are “ ‘effectively unreviewable’ on appeal from a final judgment.” Urciolo, supra, 449 A.2d at 290 ; Bittenbender, supra, 345 A.2d at 490 ; see also Borden v. Borden, 277 A.2d 89, 90 (D.C.1971) (trial court order appointing counsel held to be appealable as a collateral order). 1993In both Urciolo and Bittenbender we applied the three-part Cohen test and concluded that orders disqualifying counsel in civil cases are “ ‘effectively unreviewable’ on appeal from a final judgment.” Urciolo, supra, 449 A.2d at 290 ; Bittenbender, supra, 345 A.2d at 490 ; see also Borden v. Borden, 277 A.2d 89, 90 (D.C.1971) (trial court order appointing counsel held to be appealable as a collateral order). | 2 | 1993–1993 |
Mohawk Industries, Inc. v. Carpenter
green
1 sentence2010A prominent example is the judge-made so-called Cohen rule which deems as “final” within the grant of statutory appellate jurisdiction “a small set of prejudgment orders that are ‘collateral to’ the merits of an action and ‘too important’ to be denied immediate review.” Mohawk Indus., Inc. v. Carpenter, — U.S. -, 180 S.Ct. 599 , 608, 175 L.Ed.2d 458 (2009) (internal citations omitted); see also Cohen v. Beneficial Indus. | 1 | 2010–2010 |
Collier v. MD-Individual Practice Ass'n
green
2 sentences1998Acknowledging that the cause of an insured seeking a declaration establishing entitlement to health benefits is as deserving as an insured attempting to obtain promised liability coverage, the Collier court described the Cohen rule as an “anomaly,” remarking that “the legal theory supporting this rule remains unrefined.” Id. (quoting Continental Cas. 1998Acknowledging that the cause of an insured seeking a declaration establishing entitlement to health benefits is as deserving as an insured attempting to obtain promised liability coverage, the Collier court described the Cohen rule as an “anomaly,” remarking that “the legal theory supporting this rule remains unrefined.” Id. (quoting Continental Cas. | 1 | 1998–1998 |
Ashe v. Swenson
green
2 sentences1995Jones argues that because under Ashe v. Swenson, 397 U.S. 436, 445 , 90 S.Ct. 1189, 1195 , 25 L.Ed.2d 469 (1970), collateral estoppel in a criminal case is grounded in the Fifth Amendment guarantee against double jeopardy, a denial of a motion based upon collateral estoppel must always be heard on interlocutory appeal. 1995Jones argues that because under Ashe v. Swenson, 397 U.S. 436, 445 , 90 S.Ct. 1189, 1195 , 25 L.Ed.2d 469 (1970), collateral estoppel in a criminal case is grounded in the Fifth Amendment guarantee against double jeopardy, a denial of a motion based upon collateral estoppel must always be heard on interlocutory appeal. | 1 | 1995–1995 |
Stein v. United States
green
2 sentences1993It cites the three conditions which this court has recognized as falling within the Cohen doctrine, Stein v. United States, 532 A.2d 641 (D.C.1987), cert. denied, 485 U.S. 1010 , 108 S.Ct. 1477 , 99 L.Ed.2d 705 (1988). 1993It cites the three conditions which this court has recognized as falling within the Cohen doctrine, Stein v. United States, 532 A.2d 641 (D.C.1987), cert. denied, 485 U.S. 1010 , 108 S.Ct. 1477 , 99 L.Ed.2d 705 (1988). | 1 | 1993–1993 |
Van Cauwenberghe v. Biard
green
2 sentences1993But compare Van Cauwenbergbe v. Biard, 486 U.S. 517 , 108 S.Ct. 1945 , 100 L.Ed.2d 517 (1988) (no appeal under Cohen doctrine of order denying motion to dismiss on forum non conveniens grounds) with Dunkwu v. Neville, 575 A.2d 293 , 294 n. 1 (D.C.1990) (denial of a motion to dismiss on grounds of forum non conveniens is an appealable order). 1993But compare Van Cauwenbergbe v. Biard, 486 U.S. 517 , 108 S.Ct. 1945 , 100 L.Ed.2d 517 (1988) (no appeal under Cohen doctrine of order denying motion to dismiss on forum non conveniens grounds) with Dunkwu v. Neville, 575 A.2d 293 , 294 n. 1 (D.C.1990) (denial of a motion to dismiss on grounds of forum non conveniens is an appealable order). | 1 | 1993–1993 |
Brailey v. Autothority, Inc.
green
2 sentences1993It cites the three conditions which this court has recognized as falling within the Cohen doctrine, Stein v. United States, 532 A.2d 641 (D.C.1987), cert. denied, 485 U.S. 1010 , 108 S.Ct. 1477 , 99 L.Ed.2d 705 (1988). 1993It cites the three conditions which this court has recognized as falling within the Cohen doctrine, Stein v. United States, 532 A.2d 641 (D.C.1987), cert. denied, 485 U.S. 1010 , 108 S.Ct. 1477 , 99 L.Ed.2d 705 (1988). | 1 | 1993–1993 |
Board of Operatives of the American Cast Iron Pipe Co. v. Board of Management of the American Cast Iron Pipe Co.
green
2 sentences1993It cites the three conditions which this court has recognized as falling within the Cohen doctrine, Stein v. United States, 532 A.2d 641 (D.C.1987), cert. denied, 485 U.S. 1010 , 108 S.Ct. 1477 , 99 L.Ed.2d 705 (1988). 1993It cites the three conditions which this court has recognized as falling within the Cohen doctrine, Stein v. United States, 532 A.2d 641 (D.C.1987), cert. denied, 485 U.S. 1010 , 108 S.Ct. 1477 , 99 L.Ed.2d 705 (1988). | 1 | 1993–1993 |
Scrapp Investment Co. v. United States
green
2 sentences1993It cites the three conditions which this court has recognized as falling within the Cohen doctrine, Stein v. United States, 532 A.2d 641 (D.C.1987), cert. denied, 485 U.S. 1010 , 108 S.Ct. 1477 , 99 L.Ed.2d 705 (1988). 1993It cites the three conditions which this court has recognized as falling within the Cohen doctrine, Stein v. United States, 532 A.2d 641 (D.C.1987), cert. denied, 485 U.S. 1010 , 108 S.Ct. 1477 , 99 L.Ed.2d 705 (1988). | 1 | 1993–1993 |
Dunkwu v. Neville
green
1 sentence1993But compare Van Cauwenbergbe v. Biard, 486 U.S. 517 , 108 S.Ct. 1945 , 100 L.Ed.2d 517 (1988) (no appeal under Cohen doctrine of order denying motion to dismiss on forum non conveniens grounds) with Dunkwu v. Neville, 575 A.2d 293 , 294 n. 1 (D.C.1990) (denial of a motion to dismiss on grounds of forum non conveniens is an appealable order). | 1 | 1993–1993 |
Roberts v. United States District Court for the Northern District of California
green
2 sentences1993In an early application of the Cohen doctrine, decided long before the refinement of the three-part test in Coopers & Lybrand, the Supreme Court held that “[t]he denial by a [Federal] District Judge of a motion to proceed in forma pauperis is an appeal-able order.” Roberts v. United States District Court, 339 U.S. 844, 845 , 70 S.Ct. 954, 955 , 94 L.Ed. 1326 (1950) (citations omitted). 2 In Roberts , however, denial of the motion had the effect of a final order. 1993In an early application of the Cohen doctrine, decided long before the refinement of the three-part test in Coopers & Lybrand, the Supreme Court held that “[t]he denial by a [Federal] District Judge of a motion to proceed in forma pauperis is an appeal-able order.” Roberts v. United States District Court, 339 U.S. 844, 845 , 70 S.Ct. 954, 955 , 94 L.Ed. 1326 (1950) (citations omitted). 2 In Roberts , however, denial of the motion had the effect of a final order. | 1 | 1993–1993 |
Horton v. United States
green
1 sentence1991Horton v. United States, 591 A.2d 1280 (D.C.1991); United States v. Harrod, supra note 6. | 1 | 1991–1991 |
Flanagan v. United States
green
2 sentences1991In light of this conclusion, it is not strictly necessary for us to decide whether appellants satisfy the remaining prong of the Cohen test, viz., whether these appeals would resolve “an important issue completely separate from the merits of the action.” Flanagan, 465 U.S. at 265 , 104 S.Ct. at 1055 . 1991In light of this conclusion, it is not strictly necessary for us to decide whether appellants satisfy the remaining prong of the Cohen test, viz., whether these appeals would resolve “an important issue completely separate from the merits of the action.” Flanagan, 465 U.S. at 265 , 104 S.Ct. at 1055 . | 1 | 1991–1991 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.