Bill Kasper Construction Co. v. Morrison

I agree that certiorari is not available to review a non-final order striking an expert witness in a civil case. I write primarily to address the dissent and discuss the conflicting cases that address non-final orders involving the exclusion of evidence or the denial of discovery. Unlike the dissent, which explains these inconsistent holdings as a simple difference of opinion on where to draw the irreparable harm line, I think the inconsistent holdings cannot be reconciled. I see no principled basis for accepting jurisdiction in some of these cases and rejecting it in others. Our…