Cunningham v. Hamilton County, Ohio

Summary

Justice Thomas, writing for a unanimous Court, held that an order imposing discovery sanctions on an attorney under Federal Rule of Civil Procedure 37(a)(4) is not immediately appealable under 28 U.S.C. § 1291, even when the attorney no longer represents a party. Such orders do not qualify under the collateral order doctrine because review often overlaps with the merits and can await final judgment. The Court affirmed the Sixth Circuit's dismissal for lack of appellate jurisdiction. Justice Kennedy concurred separately, without any other Justice joining, emphasizing the importance of prompt enforcement of discovery orders while noting that mandamus might provide relief from exceptional hardship and that certain nonparty contempt orders may be immediately appealable.