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An exception to the res judicata principle that judgments are final, the collateral order doctrine allows for review of a narrow category of court orders. The collateral order doctrine emerged in Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 546-47 (1949). In that case the Supreme Court held to be appealable those orders which […]

A temporary order issued during the course of litigation. Because of the non-final nature of such orders, appeals from them (interlocutory appeals) are rare. The collateral order doctrine sets forth rules for such appeals.

interlocutory appeal – Appeal from an interlocutory order. Interlocutory appeals are extremely rare; a three-part test determines whether the collateral order exception to res judicata makes such an appeal possible: the order must have conclusively determined the disputed question; the order must “resolve an issue completely separate from the merits of the action”; the order […]

An expert witness is a witness, who by virtue of education, profession, publication or experience, is believed to have special knowledge of his subject beyond that of the average person, sufficient that others may officially (and legally) rely upon his opinion. A simplified example A meteorologist present in the general area of a hurricane may […]

Contributory negligence is a common law defense to a claim based on negligence, an action in tort. It applies to cases where plaintiffs have, through their own negligence, contributed to cause the damages they incurred as a result of defendants’ negligence. For example, a pedestrian crosses a road carelessly and is hit by a driver […]

Federal District Court Opinions U.S. EX. REL. GOULOOZE v. LEVIT, (Ariz. 10-24-2006) United States of America, ex. rel. Dr. Martin Goulooze, Relator, Plaintiff, v. (1) Dr. Michael I. Levit, D.O.; (2) Dr. Thomas Martens, D.O.; (3) Hands on Multicare P.C.; (4) American Multicare, LLC, dba Senior Smart Health Care, Defendants. No. CV 05-1011-PHX-JAT. United States […]