Plain-English summary
Court holds denial of Yearsley federal-contractor defense is not a collateral order immediately appealable
The Supreme Court affirmed the Tenth Circuit, holding that a pretrial order denying a Yearsley defense—where federal-contractor status provides a merits defense but not immunity—is not an immediately appealable collateral order under 28 U.S.C. §1291. The case was remanded for further proceedings.
Why this matters
The decision limits when private contractors can take an interlocutory (pretrial) appeal simply because a district court rejects a Yearsley defense. Claims against contractors who say they acted at the federal government's direction generally must be resolved in the normal course of litigation unless the defense actually amounts to immunity. That affects litigation strategy and timing for government contractors and plaintiffs suing them.
Who may feel it
- Private contractors and suppliers that perform work for the federal government
- Plaintiffs bringing state-law or federal claims against federal contractors
- Federal and state courts managing pretrial appeals and case schedules
- Government agencies that use contractors
Key questions
- Does a pretrial order denying a Yearsley defense qualify as an immediately appealable collateral order under 28 U.S.C. §1291?