Daniel PollackDaniel Pollack, professor at Wurzweiler School of Social Work, has published an article with Toby Kleinman for the New York Law Journal (also uploaded to YAIR).

In “Filing Interlocutory Appeals in Child Custody Cases,” Pollack and Kleinman note that there are many considerations before making a decision to file an “emergent appeal”: “An appeal of an interim, or, interlocutory appeal, is often referred to as an emergent appeal and can be filed during litigation where it meets certain stringent standards. While attorneys tend to be reticent to file interlocutory appeals because the standards to prevail are so stringent, there are circumstances when failing to do so may foretell the ultimate loss of a final case in trial court.”

As they explain, there are generally four elements that are required in order to prevail:

  1. there is no adequate remedy at law and that an emergency exists such that irreparable harm will occur absent the granting of relief;
  2. there is a likelihood of success on the merits;
  3. granting relief will not do more harm than good; and
  4. the equities favor relief, the law is well settled, and the public interest will not be harmed.

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