This Recent Development will trace briefly the history of the collateral order doctrine, focusing on recent treatment by the Supreme Court. After an examination of the elements of a district court's decision to approve or disapprove a derivative suit settlement, the Recent Development will analyze the conflicting results reached by the United States Court of Appeals for the Second and Ninth Circuits in light of the Supreme Court's apparent retrenchment. Although finding that the Second Circuit's decision to reject appeal ability is most consistent with recent Supreme Court pronouncements, this Recent Development submits that the Supreme Court has adopted an overly restrictive standard that precludes evaluation of vital policy considerations. Finally, the Recent Development concludes that the Second Circuit's decision also represents the best accommodation of competing policy concerns.
Harold N. Falls, Jr.,
Appealability of District Court Orders Disapproving Proposed Settlements in Shareholder Derivative Suits,
32 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol32/iss4/5