Forum
U.S. Supreme Court
Case Status
Pending
Docket Number
Term
2025 Term
Lower Court Opinion
Questions Presented
Under 28 U.S.C. § 1291, the courts of appeals "have jurisdiction of appeals from all final decisions of the district courts." The Supreme Court has held that certain orders are immediately appealable under Section 1291 even though they do not terminate the litigation. Such "collateral orders" include orders denying claims of absolute immunity, qualified immunity, and state sovereign immunity.
The question presented, which has divided the circuit courts 5-3, is whether an order denying a government contractor's claim of derivative sovereign immunity is immediately appealable under the collateral-order doctrine.
Case Updates
U.S. Chamber files amicus brief urging Supreme Court to hold that government contractors' derivative sovereign immunity is immunity from litigation, not merely liability, so that a district court's denial of immunity may be immediately appealed
August 07, 2025
Nicholas S. Crown, Michael R. Huston, and Shae McPhee of Perkins Coie LLP served as outside counsel.