The question
Whether a pretrial order denying a federal contractor the protection recognized in Yearsley v. W. A. Ross Construction Co. is immediately appealable under the collateral-order doctrine.
Geo Group, Inc. v. Menocal
What the Court decided
The Court held that a pretrial order denying Yearsley protection to a federal contractor is not immediately appealable. Yearsley supplies contractors a potential merits defense, not an immunity from suit, so a denial does not fall within the small class of collateral orders that may be appealed before final judgment. The class action against GEO Group over its detainee labor policies may therefore proceed in the District Court.
How the justices split
UnanimousThe Court's opinion
Kagan, joined by Roberts, Sotomayor, Gorsuch, Kavanaugh, Barrett, Jackson, Thomas
Yearsley gives federal contractors a potential merits defense against liability, not an immunity from suit. Under 28 U.S.C. 1291, appellate jurisdiction generally reaches only final decisions that resolve the entire case. The collateral-order doctrine allows immediate appeal only for a small class of orders meeting the three Cohen conditions, and an order denying Yearsley protection does not qualify, so it is not immediately appealable. Thomas joined this opinion as to Parts I and III.
Concurring in part and in the judgment
Thomas, writing alone
Thomas agreed with the judgment and joined Parts I and III of the Court's opinion, writing separately to concur in part and concur in the judgment.
Concurring in the judgment
Alito, writing alone
Alito agreed with the Court's judgment that the order is not immediately appealable but did not join its reasoning.
How we know · 5 sourced claims
The Court held that Yearsley provides federal contractors a potential merits defense rather than an immunity from suit.
Source: syllabus, Held
A pretrial order denying Yearsley protection is not immediately appealable.
Source: syllabus, Held
Under 28 U.S.C. 1291, courts of appeals generally have jurisdiction only over final decisions that resolve the entire case.
Source: syllabus, Held
Kagan delivered the opinion of the Court, joined in full by Roberts, Sotomayor, Gorsuch, Kavanaugh, Barrett, and Jackson, and joined by Thomas as to Parts I and III.
Source: syllabus, lineup
Thomas filed an opinion concurring in part and concurring in the judgment, and Alito filed an opinion concurring in the judgment.
Source: syllabus, lineup