Also known as: interlocutory decisions · interlocutory ruling · interlocutory order · interim decision · provisional ruling
Written by attorneys · grounded in primary & secondary sources — see below
A nonfinal judicial ruling that resolves a discrete issue during litigation but leaves the overall case pending. Such a decision may become immediately appealable when it satisfies the collateral order doctrine by conclusively determining a right separate from the merits that would be lost if review waited until final judgment.
Imran Iyer and other patients sued ValleyCare Health System in a malpractice class action. ValleyCare moved for an order requiring the class to post a substantial security bond under state law. The district court denied the motion. ValleyCare noticed an immediate appeal, claiming the denial conclusively resolved its statutory protection from unfunded litigation costs in a manner separate from the malpractice claims and effectively unreviewable later.
Isabella Ingram sued Officer Ike Ingram under section 1983 alleging excessive force. The officer moved for summary judgment on qualified immunity grounds. The district court denied the motion after finding disputed facts about whether the force violated clearly established law. The officer filed an immediate appeal asserting the denial resolved his claimed right not to stand trial.
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Indigo Textiles prevailed in an environmental enforcement action but the district court denied its request for attorney fees. Indigo appealed immediately, arguing the denial conclusively resolved its eligibility for fees under the catalyst theory in a manner separate from the underlying claims.
Infinity Bank sued Idris Ives for breach of a loan agreement containing an arbitration clause. Ives moved to compel arbitration and stay the federal action. The district court denied the motion. Ives appealed immediately, contending the denial resolved his contractual right to avoid litigation in a manner unreviewable after final judgment.
Integrity Partners sued Isaiah Ishikawa for breach of fiduciary duty. During discovery the district court ordered production of documents that Ishikawa claimed were protected by attorney client privilege. Ishikawa appealed immediately, asserting the order resolved an important privilege claim separate from the merits and effectively unreviewable later.
Ingrid Innes sought documents from the Vice President through a subpoena in a civil action. The district court rejected the Vice President's assertion of executive privilege and ordered production. The Vice President appealed immediately, claiming the order resolved a separation of powers claim that would be lost if review waited until final judgment.
An interlocutory decision is immediately appealable under the collateral order doctrine when it conclusively determines a disputed question, resolves an important issue completely separate from the merits, and is effectively unreviewable on appeal from a final judgment.
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Denial of a motion to require a security bond can qualify when the claimed right to cost protection is separate from the merits and would be lost if review waited until final judgment.
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Most discovery orders fail the collateral order test because they are closely tied to the merits and remain reviewable after final judgment through sanctions or retrial.
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Denial of qualified immunity supports an immediate appeal when the order conclusively resolves the claimed right not to stand trial in a manner separate from the merits and effectively unreviewable later.
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…invests us with authority to review "[c]ases in" the courts of appeals. When the petitioner in this case sought review of an interlocutory order denying his claim to absolute immunity, the Court of Appeals dismissed the appeal for lack of jurisdiction. Emphasizing the "jurisdictional" basis for the Court of Appeals' decision,…