Also known as: interlocutory decision · interlocutory ruling · interlocutory rulings · interlocutory order · interlocutory orders
Written by attorneys · grounded in primary & secondary sources — see below
An order or ruling issued by a court during the pendency of litigation that does not finally dispose of the entire case or a claim within it. Such decisions address matters arising before final judgment and are generally not immediately appealable except under narrow statutory or doctrinal exceptions.
Ivan Ivanov moved to dismiss a complaint on grounds of absolute immunity. The district court denied the motion after finding disputed facts. Ivanov immediately appealed, arguing the denial conclusively resolved his claimed right to avoid trial and that the right would be lost if review waited until final judgment.
Indigo Textiles obtained a preliminary injunction barring Interlink Communications from using certain trademarks. Interlink moved to modify the injunction to permit limited use during the litigation. The district court refused the modification, and Interlink filed an immediate appeal from that refusal.
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Ibrahim Iqbal sued several officials alleging constitutional violations. The defendants moved to dismiss on grounds that the complaint failed to state a claim. The district court denied the motion, and the officials appealed the denial before any discovery occurred.
Ivy Investments sued Moses H. Cone Memorial Hospital for breach of contract. The hospital moved to stay the action pending arbitration. The district court denied the stay, and the hospital appealed the denial before the merits were reached.
Buckhannon Board and Care Home sued state agencies seeking injunctive relief. After the agencies voluntarily changed their policy, the district court denied the home's request for prevailing-party attorney fees. The home appealed the denial before entry of final judgment.
Mohawk Industries moved to protect certain internal communications from discovery on attorney-client privilege grounds. The district court ordered production despite the claim of privilege. Mohawk appealed the production order before trial.
A party may immediately appeal when the order conclusively determines a disputed question, resolves an important issue completely separate from the merits, and would be effectively unreviewable after final judgment.
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Section 1292(a)(1) permits immediate appeal from orders granting, continuing, modifying, refusing, or dissolving injunctions, or refusing to dissolve or modify them.
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Most discovery orders are reviewable after final judgment through sanctions or retrial and do not satisfy the unreviewability prong of the collateral order doctrine.
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Denial of a bond motion is typically not immediately appealable because the cost-allocation issue remains reviewable after final judgment and is intertwined with ordinary case management.
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The court must state findings of fact and conclusions of law supporting its decision to grant or deny a preliminary injunction.
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…the "collateral order" doctrine of Cohen v. Beneficial Industrial Loan Corp. , 337 U. S. 541 (1949), a small class of interlocutory orders are immediately appealable to the courts of appeals. As defined by Cohen , this class embraces orders that "conclusively determine the disputed question, resolve an important issue…