Also known as: interlocutory orders
Written by attorneys · grounded in primary & secondary sources — see below
A judicial directive issued during ongoing litigation that addresses preliminary matters without finally resolving the entire dispute. Such an order may become immediately appealable when it satisfies the collateral order doctrine or falls within statutory categories authorizing interlocutory review.
Irene Ingalls sued a federal official for alleged constitutional violations arising from an investigation. The district court denied the official's motion to dismiss on absolute immunity grounds. The official immediately appealed, asserting that the denial resolved a right to avoid trial entirely and that the issue stood apart from the underlying claims.
Iain Irons sought to halt all phases of a housing development by Integrity Partners. The district court entered an order enjoining only pile-driving activities while permitting other work under conditions. Integrity Partners filed an immediate appeal from the portion of the order that restrained its operations.
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Idina Iverson brought a civil rights action against federal officers. The district court denied the officers' motion to dismiss for failure to state a claim. The officers appealed at once, arguing that the ruling on the sufficiency of the pleadings warranted immediate review.
Imani Idowu sued a former president for actions taken while in office. The district court rejected the president's claim of absolute immunity. The president appealed directly, contending that the denial of immunity resolved a right not to stand trial that could not await final judgment.
Isaac Irving sued Mercury Construction Corporation over a construction contract containing an arbitration clause. The district court refused to stay the litigation pending arbitration. Mercury appealed immediately, asserting that the refusal to enforce the arbitration agreement qualified for interlocutory review.
Iris Irons, a private party, sought discovery of documents from the Office of the Vice President. The district court ordered production over claims of executive privilege. The government appealed at once, maintaining that the disclosure order resolved an important separation-of-powers issue separate from the merits.
An interlocutory order is immediately appealable if it conclusively determines the disputed question, resolves an important issue completely separate from the merits, and is effectively unreviewable on appeal from a final judgment.
Section 1292(a)(1) authorizes immediate appeal from interlocutory orders granting, continuing, modifying, refusing, or dissolving injunctions. An order that grants even partial injunctive relief satisfies the statute and permits review.
Routine discovery orders are reviewable after final judgment because they do not conclusively resolve a right separate from the merits and any harm can be addressed through sanctions or retrial. The collateral order doctrine does not apply unless the order meets all three Cohen conditions.
Denial of a motion for a security bond is not immediately appealable when the bond serves only as routine cost allocation rather than an immunity-like protection whose value would be lost without prompt review.
…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…