James K.J. Cheng v. Gaf Corporation

The surest way to undermine the long standing final judgment rule — the cornerstone of federal appellate jurisdiction — is to sanction the corrosive erosion of particular exceptions. Here the majority, in its rush to reach the merits, has strained to create an exception which is not necessary and, in my view, is contrary to controlling law. I therefore respectfully dissent.

As the majority recognizes, there are three discrete requirements before the collateral order rule of Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 546-47 (1949), may be invoked: (1) the order must conclusively…