Plain-English summary
Court: denials of Yearsley protection are not immediately appealable under §1291
The Court held that a pretrial denial of Yearsley protection for federal contractors is not a collateral order that can be appealed immediately under 28 U.S.C. §1291. Because Yearsley provides a merits defense rather than an immunity from suit, such denials are not final decisions for purposes of immediate appeal.
Why this matters
The decision limits when federal contractors can take pretrial appeals claiming protection tied to government authority. It narrows immediate appellate review of certain defenses that, while important, are treated as merits issues rather than jurisdictional immunities. That affects litigation timing and strategy for contractors and plaintiffs suing them.
Who may feel it
- Private companies and contractors that perform work for the federal government
- Plaintiffs who sue contractors for actions taken under government contracts
- Trial and appellate courts deciding when pretrial orders can be appealed
- Defense counsel and civil plaintiffs in federal-question and federal-contractor cases
Key questions