Geo Group, Inc. v. Menocal · ¶44

This conception of the collateral-order doctrine's “effectively unreviewable” requirement informed our decision in Swift & Co. Packers v. Compania Colombiana Del Caribe, S. A., 339 U. S. 684 (1950). There, we held that the Fifth Circuit had appellate jurisdiction over a lower court's order vacating the attachment of a foreign vessel. Id., at 685–689. That vessel, which the libelants attached while it passed through U. S.-controlled waters, served as security for their claims against the foreign defendant. In this respect, the vessel resembled the bond in Cohen. As was the case with the bond order, an immediate appeal was the only means for appellate review of the order vacating the attachment of the vessel. If the libelants in Swift did not prevail at final judgment, the court's vacatur of the attachment order would become moot. And if the libelants did prevail, any appellate review of…

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.