Alfred Copeland v. Charles Ryan

BERZON,

Circuit Judge, concurring:

I join Judge Clifton’s opinion. I write separately to note that although our conclusion regarding the collateral order doctrine is correct under our precedents, see Wiggins v. Alameda County, 717 F.2d 466, 467-68 (9th Cir. 1983) and United States v. Baker, 603 F.2d 759, 761-62 (9th Cir. 1979), the Supreme Court has significantly limited the applicability of the collateral order doctrine in recent years. For example, the Court has held that an order of sanctions under Federal Rule of Civil Procedure 37(a) is not immediately appealable. See Cunningham v.…