An interlocutory order is appealable under the collateral order doctrine only if it is conclusive, resolves important questions separate from the merits, and is effectively unreviewable after final judgment.
After a district court denied summary judgment motions for a county commission and individual officers, the officers appealed the denial of their qualified immunity. The Court of Appeals asserted jurisdiction to review the county commission's appeal as well through pendent appellate jurisdiction. The Supreme Court holds that the appellate court lacked jurisdiction to review the commission's motion. The denial of summary judgment does not qualify as a collateral order because it is not conclusive, does not resolve an important question separate from the merits, and is not effectively unreviewable on appeal from final judgment. Furthermore, the court cannot exercise pendent appellate jurisdiction over such unrelated matters.
At page 42 Defining the scope of appealable collateral orders under section 1291199 citing cases“that small category includes only decisions that are conclusive, that resolve important questions separate from the merits, and that are effectively unreviewable on appeal from the final judgment in the underlying action.”
- Isaac Harris v. Med. Transp. Mgmt., Inc., 77 F.4th 746 (D.C. Cir. 2023).published See Swint, 514 U.S. at 47 (“Congress * * * chose to confer on district courts first line discretion to allow interlocutory appeals.”).
- Interquim, S.A. v. Berg Imports LLC, No. 3:21-cv-10665 (E.D. Mich. June 21, 2022).(Permitting piecemeal, prejudgment appeals, we have recognized, undermines efficient judicial administration’ and encroaches upon the prerogatives of district court judges, who play a special role in managing ongoing li…)
- Vikas WSP v. Econ Mud Prods., 23 F.4th 442 (5th Cir. 2022).published(The fact that the same diversity which existed at the time of filing the original suit continues to the present is not enough to reopen a case dismissed with prejudice. If that were the case, almost any lawsuit . . . c…)
- Cobra Nat. Resources, LLC v. Fed. Mine Saf. & Health Review Comm'n, 742 F.3d 82 (4th Cir. 2014).published Comm’n, 514 U.S. 35, 42 , 115 S.Ct. 1203 , 131 L.Ed.2d 60 (1995) (“The District Court planned to consider its ruling ... before the case went to the jury.”); Jamison v. Wiley, 14 F.3d 222, 230 (4th Cir.1994) (finding order inconclusive whe…
- Kane v. Pacap Aviation Fin., LLC, No. 24-5683 (9th Cir. Sept. 29, 2026).publishedOther formulations ask whether the district court has “disassociate[d] itself from a case,” Swint v. Chambers County Comm’n, 514 U.S. 35, 42 (1995), whether the ruling “terminate[s] an action,” Gelboim v. Bank of Am. Corp., 574 U.S. 405, 4…
- Smiledirectclub, LLC v. Tanja D. Battle, 4 F.4th 1274 (11th Cir. 2021).published
- Mohamed v. Jones, 100 F.4th 1214 (10th Cir. 2024).published
- Kell v. Benzon, 925 F.3d 448 (10th Cir. 2019).published
- Jeremy Graber v. Michael Boresky, 59 F.4th 603 (3d Cir. 2023).published
- Mohawk Indus., Inc. v. Carpenter, 558 U.S. 100 (2009).published
Show 180 more citing cases
- Resolution Trust Corp. v. Smith, No. 94-20221 (5th Cir. May 13, 1995).published
- Resolution Trust Corp. v. Smith, No. 94-20339 (5th Cir. May 13, 1995).published
- Resolution Trust Corp. v. Smith, No. 94-20387 (5th Cir. May 13, 1995).published
- Resolution Trust Corp. v. Smith, No. 94-20405 (5th Cir. May 13, 1995).published
- Shanks v. Alliedsignal, Inc., 169 F.3d 988 (5th Cir. 1999).published
- Hill v. City of Seven Points, No. 00-41436 (5th Cir. Jan. 18, 2002).unpublished
- Byrum v. Landreth, 566 F.3d 442 (5th Cir. 2009).published
- United States v. Caremark Inc, No. 08-50357 (5th Cir. July 21, 2009).unpublished
- United States v. Caremark Inc, No. 08-50358 (5th Cir. July 21, 2009).unpublished
- United States v. Caremark Inc, No. 08-50359 (5th Cir. July 21, 2009).unpublished
- United States v. Caremark Inc, No. 08-50359 (5th Cir. July 21, 2009).unpublished
- United States v. Caremark Inc, No. 08-50360 (5th Cir. July 21, 2009).unpublished
- Lockard v. Equifax, Inc., 163 F.3d 1259 (11th Cir. 1998).published
- Lockard v. Equifax, Inc., 163 F.3d 1259 (11th Cir. 1998).published
- Hartley Ex Rel. Hartley v. Parnell, 193 F.3d 1263 (11th Cir. 1999).published
- Stolt-Nielsen S. A. v. AnimalFeeds Int'l Corp., 559 U.S. 662 (2010).published
- Cunningham v. Hamilton Cnty., 527 U.S. 198 (1999).published
- In Re: FEMA Trailer, No. 09-31038 (5th Cir. Nov. 11, 2010).unpublished
- Kilburn, Blake v. Islamic Repub Iran, 376 F.3d 1123 (D.C. Cir. 2004).published
- In Re: England, No. 03-5329 (D.C. Cir. July 27, 2004).published
- FDIC v. Ogden, No. 99-1788 (1st Cir. Mar. 16, 2001).published
- Chehazeh v. Attorney Gen. of United States, 666 F.3d 118 (3d Cir. 2012).published
- Robert Cunningham Armand Soly, in His Individual Capacity & as Successor in Interest to His Deceased Son, Daniel Soly, & in His Capacity as a Rep. of the Classes Described Fully Herein Below Betty Soly, in Her Individual Capacity & as Successor in Interest to Her Deceased Son, Daniel Soly, & in Her Capacity as a Rep. of the Classes Described Fully Herein Below v. Daryl Gates, William L. Williams Richard Alarcon Richard Alatorre Hal Bernson Marvin Braude Laura Chick John Ferraro Michael Feuer Ruth Galanter Jackie Goldberg Michael Hernandez Nate Holden Mark Ridleythomas Rudy Svornich Joel Wachs Rita Walters Herbert Boeckmann Raymond Fisher Deirdre Hill Art Mattox Edith Perez Gary Greenbaum Enrique Hernandez Mary Burwell-Cooper Janet G. Bogigian Ellen M. Fawls Michael K. Fox James K. Hahn Katherine J. Hamilton Richard M. Helgeson Thomas C. Hokinson Stuart D. Hotchkiss Annette Keller Lenore Lashley Honey A. Lewis Ward G. McConnell John T. Neville James H. Pearson Robert J. Pulone Phllip Shiner Phillip J. Sugar Flora Trostler Don W. Vincent, II G. Daniel Woodard Joseph Callian Brian Davis Joseph Freia Edward Guiza James Harris Richard Spelman James Tippings John Tortorici Lawrence Winston Phillip James Wixon Gary Zerby Richard Zierenberg Tayo Popoola Jerry Brooks John D. White Dennis Conte Gregory Berg Randolph Mancini John Trundle Robert Rochhoft Daniel Koenig, Robert Cunningham Armand Soly, in His Individual Capacity & as Successor in Interest to His Deceased Son, Daniel Soly, & in His Capacity as a Rep. of the Classes Described Fully Herein Below Betty Soly, in Her Individual Capacity & as Successor in Interest to Her Deceased Son, Daniel Soly, & in Her Capacity as a Rep. of the Classes Described Fully Herein Below v. Daryl Gates, City of Los Angeles William L. Williams John Helms Joseph Callian Brian Davis Joseph Freia Edward Guiza James Harris Richard Spelman James Tippings John Tortorici Lawrence Winston Phillip James Wixon Gary Zerby Richard Zierenberg Jerry Brooks John D. White Gregory Berg John Trundle Robert Rochhoft Daniel Koenig, Grover Smith v. Daryl Gates, Richard Alatorre Hal Bernson Laura Chick Michael Feuer Michael Hernandez Mark Ridley-Thomas Joel Wachs Rita Walters Raymond Fisher Art Mattox, Robert Cunningham Armand Soly, in His Individual Capacity & as Successor in Interest to His Deceased Son, Daniel Soly, & in His Capacity as a Rep. of the Classes Described Fully Herein Below Betty Soly, in Her Individual Capacity & as Successor in Interest to Her Deceased Son, Daniel Soly, & in Her Capacity as a Rep. of the Classes Described Fully Here in Below Grover Smith G. Nicoletti D. Lyons Michael Smith v. Daryl Gates, William L. Williams John Helms Brian Davis Joseph Freia Richard Spelman Lawrence Winston Phillip James Wixon Richard Zierenberg, Grover Smith Unknown, Fifty Unknown Named All in Their Capacities as Representatives of the Classes Described Fully Here in Below Doe Alpha, in His/her Capacity as a Rep. of the Class Described Fully Here in Below Roe Beta, in His/her Capacity as a Rep. of the Class Described Fully Here in Below v. Daryl Gates, James K. Hahn Thomas C. Hokinson Annette Keller James H. Pearson Don W. Vincent, II G. Daniel Woodard, Grover Smith Unknown, 50 Unknown Named All in Their Individual Capacities & All in Their Capacities as Representatives of the Classes Described Fully Here in Below Doe Alpha, in His/her Capacity as a Rep. of the Class Described Fully Here in Below Roe Beta, in His/her Capacity as a Rep. of the Class Described Fully Here in Below v. Daniel Koenig James Tippings James Toma Charlie Bennett Rodney Rodriguez Gary Holbrook John Fruge James Harris Robert Kraus James Kilgore Angela Dumler, 229 F.3d 1271 (9th Cir. 2000).published
- In Re: Grand Jury v., 705 F.3d 133 (3d Cir. 2012).published
- Rae v. Pa Funeral Directors Ass'n, 977 A.2d 1121 (Pa. 2009).published
- Expedia, Inc. v. City of Columbus, 699 S.E.2d 600 (Ga. Ct. App. 2010).published
- Cobra Nat. Resources, LLC v. Fed. Mine Saf. & Health Review, No. 13-1406 (4th Cir. Jan. 29, 2014).published
- Roger Trent v. Steven Wade, No. 13-10960 (5th Cir. Jan. 9, 2015).published
- Arbogast v. Kansas Dep't of Labor, 789 F.3d 1174 (10th Cir. 2015).published
- Hendrickson v. United States, No. 14-1958-cv (2d Cir. June 30, 2015).published
- In Re: Deepwater Horizon, No. 14-30823 (5th Cir. July 16, 2015).published
- Winfield v. G.L. Bass, 106 F.3d 525 (4th Cir. 1997).published
- United States v. Mandycz, No. 02-1846 (6th Cir. Dec. 4, 2003).published
- Davenport v. Causey, No. 07-5215 (6th Cir. Apr. 4, 2008).published
- Davis, James E. v. Streekstra, Byron, No. 00-2503 (7th Cir. Sept. 7, 2000).published
- Diego J. Herbstein v. Martin E. Bruetman, 241 F.3d 586 (7th Cir. 2001).published
- SEC v. Van Waeyenberghe, G., No. 01-2691 (7th Cir. Mar. 29, 2002).published
- Martin v. Brown, 63 F.3d 1252 (3d Cir. 1995).published
- Jane Doe v. Roy Black, 749 F.3d 999 (11th Cir. 2014).published
- Molski v. Evergreen Dynasty, No. 05-56452 (9th Cir. Aug. 31, 2007).published
- Cassirer v. Thyssen-Bornemisza, No. 06-56325 (9th Cir. Sept. 8, 2009).published
- In re: Robert Bentley, No. 13-10382 (11th Cir. Oct. 14, 2015).published
- SolarCity Corp. v. Salt River Proj. Agric. Improvement & Power Dist., 859 F.3d 720 (9th Cir. 2017).published
- Hall v. Hall, 584 U.S. 59 (2018).published
- Sherman Mealy v. Sid Gautreaux, III, No. 17-30674 (5th Cir. Mar. 29, 2018).unpublished
- Juan L. Perez v. Richard Brioso, No. 17-13430 (11th Cir. Apr. 26, 2018).unpublished
- Wilcox v. Georgetown Univ., No. 2018-0422 (D.D.C. May 29, 2019).published
- Matthew Leachman v. Harris Cnty., Texas, No. 18-20485 (5th Cir. Aug. 13, 2019).unpublished
- United States v. The M/Y Galactica Star, No. 18-20781 (5th Cir. Oct. 1, 2019).unpublished
- Matthew Leachman v. Harris Cnty., Texas, No. 18-20485 (5th Cir. Oct. 2, 2019).unpublished
- Maurice Grier v. Charlotte-Mecklenburg Bd., No. 18-2308 (4th Cir. Apr. 10, 2020).unpublished
- League of Women Voters v. Brian Newby, 963 F.3d 130 (D.C. Cir. 2020).published
- North Am. Butterfly Ass'n v. Chad F. Wolf, 977 F.3d 1244 (D.C. Cir. 2020).published
- United States v. Perea, 977 F.3d 1297 (10th Cir. 2020).published
- Farmland Partners v. Fortunae, No. 19-1011 (10th Cir. Jan. 6, 2021).unpublished
- Philip Sundel v. United States, 985 F.3d 1029 (D.C. Cir. 2021).published
- Kimissa Rowland v. S. Health Partners, Inc, 4 F.4th 422 (6th Cir. 2021).published
- Walter Himmelreich v. Fed. Bureau of Prisons, 5 F.4th 653 (6th Cir. 2021).published
- Raymond Twyford v. Tim Shoop, 11 F.4th 518 (6th Cir. 2021).published
- Rae v. Pennsylvania Funeral Directors Ass'n, 977 A.2d 1121 (Pa. 2009).published
- Trinia Jones v. Scott Kuschell, No. 21-1742 (7th Cir. Nov. 29, 2021).unpublished
- Crystallex Int'l Corp v. Bolivarian Repub. of Venezue, 24 F.4th 242 (3d Cir. 2022).published
- Alyssa Jones v. Riot Hosp. Grp. LLC, No. 20-15407 (9th Cir. Feb. 9, 2022).unpublished
- Michelle Hammond-Beville v. Jeff Landis, No. 21-5498, 2022 WL 910569 (6th Cir. Mar. 29, 2022).unpublished
- Mount v. Lumpkin, No. 20-20176 (5th Cir. Apr. 7, 2022).unpublished
- Spliethoff Transp. B v. v. Phyto-Charter Inc., No. 21-1359 (2d Cir. Apr. 15, 2022).unpublished
- Universal Life Church Monastery v. Wayne Nabors, 35 F.4th 1021 (6th Cir. 2022).published
- Harris v. Clay Cnty., MS, 40 F.4th 266 (5th Cir. 2022).published
- Williams v. City of Yazoo, 41 F.4th 416 (5th Cir. 2022).published
- Belya v. Kapral, 45 F.4th 621 (2d Cir. 2022).published
- JoAnn Britt v. Louis DeJoy, 45 F.4th 790 (4th Cir. 2022).published
- Harris v. Clay Cnty., MS, 47 F.4th 271 (5th Cir. 2022).published
- Mark Campbell v. Cheatham Cnty. Sheriff's Dep't, 47 F.4th 468 (6th Cir. 2022).published
- Greene v. Demoss, No. 21-30044, 2022 WL 3716201 (5th Cir. Aug. 29, 2022).unpublished
- Kilburn v. Socialist People's Libyan Arab Jamahiriya, 376 F.3d 1123 (D.C. Cir. 2004).published
- JoAnn Britt v. Louis DeJoy, No. 20-1620 (4th Cir. Sept. 14, 2022).published
- Belya v. Kapral, No. 21-1498 (2d Cir. Sept. 16, 2022).published
- Fernando Saint-Jean v. Palisades Interstate Park, 49 F.4th 830 (3d Cir. 2022).published
- Stevanna Towing Inc v. Atl. Specialty Ins., No. 21-1420 (3d Cir. Oct. 21, 2022).unpublished
- Modern Font Applications LLC v. Alaska Airlines, 56 F.4th 981 (Fed. Cir. 2022).published
- Zanghi v. Callegari, No. 22-266, 2023 WL 1097560 (2d Cir. Jan. 30, 2023).unpublished
- In re: Grand Jury Subpoena, 58 F.4th 1232 (11th Cir. 2023).published
- Belya v. Kapral, 59 F.4th 570 (2d Cir. 2023).published
- In re: Syngenta AG MIR162, 61 F.4th 1126 (10th Cir. 2023).published
- Kathryn Rodriguez v. Hirshberg Acceptance Corp., 62 F.4th 270 (6th Cir. 2023).published
- LULAC Texas v. Hughes, No. 22-50435 (5th Cir. May 17, 2023).published
- Angel Perez, Jr. v. Borough of Johnsonburg, 74 F.4th 129 (3d Cir. 2023).published
- Darrell Siggers v. Joseph Alex, No. 22-1182 (6th Cir. Sept. 12, 2023).unpublished
- Walton v. City of Verona, 82 F.4th 314 (5th Cir. 2023).published
- In Re: Sealed Case (Pub. Reissued Opinion), No. 23-3001 (D.C. Cir. Sept. 13, 2023).published
- In Re ALBA Petróleos De El Salvador S.E.M. De C.V., 82 F.4th 105 (2d Cir. 2023).published
- Kim Martinez v. Zoominfo Tech., Inc., 82 F.4th 785 (9th Cir. 2023).published
- Michael Hampton v. State of California, 83 F.4th 754 (9th Cir. 2023).published
- Hdeel Abdelhady v. George Washington Univ., 89 F.4th 955 (D.C. Cir. 2024).published
- Jok v. City of Burlington, 96 F.4th 291 (2d Cir. 2024).published
- Janay Garrick v. Moody Bible Inst., 95 F.4th 1104 (7th Cir. 2024).published
- Kamel Chaney-Snell v. Andrew Young, 98 F.4th 699 (6th Cir. 2024).published
- Bustillos v. City of Artesia, 98 F.4th 1022 (10th Cir. 2024).published
- Coomer v. Make Your Life Epic, 98 F.4th 1320 (10th Cir. 2024).published
- Sec v. Bc57, LLC, No. 23-1870 (7th Cir. May 6, 2024).published
- Sec v. Bc57, LLC, No. 23-1870 (7th Cir. May 7, 2024).published
- Cola Filho v. Mubarak, No. 1:19-cv-24553 (S.D. Fla. Dec. 9, 2019).
- Energy Michigan, Inc. v. Michigan Pub. Serv. Comm'n, No. 2:20-cv-12521 (E.D. Mich. Mar. 28, 2022).
- Kadel v. Folwell, No. 1:19-cv-00272 (M.D.N.C. Mar. 5, 2021).
- McCoy v. Ace Motor Acceptance Corp., No. 3:18-cv-00668 (W.D.N.C. Dec. 20, 2019).
- Regan v. Hon, No. 3:21-cv-01247 (N.D.N.Y. Nov. 7, 2022).
- Regan v. Hon, No. 3:22-cv-00191 (N.D.N.Y. Nov. 7, 2022).
- Regan v. Hon, No. 3:21-cv-01246 (N.D.N.Y. Nov. 7, 2022).
- Regan v. Hon, No. 3:21-cv-01238 (N.D.N.Y. Nov. 7, 2022).
- Regan v. Hon, No. 3:21-cv-01231, 2022 WL 16744175 (N.D.N.Y. Nov. 7, 2022).
- In Re: Foreign Econ. Indus. Bank Ltd., \Vneshprombank\" Ltd.", No. 1:20-cv-03505 (S.D.N.Y. Feb. 22, 2021).
- Jones v. US Bank, No. 3:18-cv-01680 (M.D. Pa. Oct. 18, 2019).
- Jackson v. Valdez, No. 3:18-cv-02935 (N.D. Tex. Feb. 20, 2020).
- Jimerson v. Lewis, No. 3:20-cv-02826 (N.D. Tex. Apr. 23, 2021).
- Perkins v. Harris, No. 3:21-cv-01402 (N.D. Tex. Mar. 1, 2023).
- Michael Whitman Decker, No. 17-50297 (Bankr. W.D. Va. Sept. 18, 2019).
- In the Matter of Energetic Tank, Inc., 110 F.4th 131 (2d Cir. 2024).published
- Mark McEvoy v. Diversified Energy Co. PLC, 111 F.4th 330 (4th Cir. 2024).published
- Boudreaux v. Schlumberger Tech, No. 22-30819 (5th Cir. Oct. 10, 2024).unpublished
- Menocal v. GEO Grp., No. 22-1409 (10th Cir. Oct. 22, 2024).unpublished
- In Re Epik W., No. E2023-01417-COA-R3-JV (Tenn. Ct. App. Oct. 29, 2024).published
- Carmona v. The City of Brownsville, No. 1:23-cv-00084 (S.D. Tex. Feb. 6, 2024).
- Payne v. City of San Antonio, Texas, No. 5:19-cv-00407 (W.D. Tex. Aug. 25, 2020).
- Decker v. Scott, No. 5:19-cv-00009, 2019 WL 4491332 (W.D. Va. Sept. 18, 2019).
- Legacy Recovery Svc v. City of Monroe, No. 24-30211 (5th Cir. Nov. 6, 2024).unpublished
- Neri v. City of San Benito, Texas, No. 1:23-cv-00156 (S.D. Tex. Aug. 22, 2024).
- Coakley v. City of Hollywood, No. 0:19-cv-62328 (S.D. Fla. Oct. 4, 2024).
- Rhonda Fleming v. FCI Tallahassee Warden, 127 F.4th 837 (11th Cir. 2025).published
- Sanchez v. Sec'y of Health & Human Servs., No. 11-685 (Fed. Cl. Feb. 18, 2025).unpublished
- Pizzuto v. Tewalt, 136 F.4th 855 (9th Cir. 2025).published
- State of Mississippi v. JXN Water, 134 F.4th 312 (5th Cir. 2025).published
- David O'Connell v. United States Conf. of Catholic Bishops, 134 F.4th 1243 (D.C. Cir. 2025).published
- Kruglyak v. Home Depot U.S.A., Inc., 774 F. Supp. 3d 767 (W.D. Va. 2025).published
- Pizzuto v. Tewalt, No. 24-2275 (9th Cir. May 14, 2025).published
- Trevino v. Avalos, No. 1:24-cv-00046 (S.D. Tex. May 14, 2025).
- United States v. Peck, 139 F.4th 1158 (10th Cir. 2025).published
- Data Axle, Inc. v. CFM Data Network, LLC, No. 0:23-cv-03255 (D. Minn. June 23, 2025).
- Frias v. Hernandez, 142 F.4th 803 (5th Cir. 2025).published
- Make The Road New York v. Kristi Noem, No. 25-5320, 2025 WL 3563313 (D.C. Cir. Nov. 22, 2025).published
- Benavides v. Harris Cnty., TX, No. 24-20457 (5th Cir. Nov. 24, 2025).unpublished
- Fed. Trade Comm'n v. Burton Katz, No. 23-11197 (11th Cir. Dec. 8, 2025).unpublished
- Un del Pueblo Entero v. Nelson, 163 F.4th 239 (5th Cir. 2025).published
- U.S. Sec. & Exch. Comm'n v. Spartan Sec. Grp., LTD, 164 F.4th 1231 (11th Cir. 2026).published
- Kimberly Polk v. Montgomery Cnty. Pub. Schs., 166 F.4th 400 (4th Cir. 2026).published
- In Re: Julie L. Jefferson v. Guy Jefferson, No. 2:25-cv-01317 (W.D. Wash. Jan. 13, 2026).
- Lopez v. Ramirez, No. 25-40170 (5th Cir. Apr. 1, 2026).unpublished
- Lopez v. Ramirez, No. 25-40170 (5th Cir. May 27, 2026).unpublished
- Offutt, No. 3:25-cv-02143 (S.D. Ill. June 25, 2026).
- Murray v. LeBlanc, No. 25-30076 (5th Cir. July 7, 2026).unpublished
- Dmarcian, Inc. v. DMARC Advisor BV, 182 F.4th 289 (4th Cir. 2026).published
- Dmarcian, Inc. v. DMARC Advisor BV, 182 F.4th 289 (4th Cir. 2026).published
- Doe v. Planned Parenthood, No. 23-11184 (5th Cir. Aug. 12, 2026).published
- In Re: McEwen, No. 3:26-cv-01045 (S.D. Cal. Aug. 24, 2026).
- Lowe v. Hamilton Cnty. Dep't of Job & Fam. Servs., 610 F.3d 321 (6th Cir. 2010).published
- Turi v. Main Street Adoption Servs., LLP, 633 F.3d 496 (6th Cir. 2011).published
- Rodabaugh v. Cont'l Cas. Co., 62 F.3d 1429 (10th Cir. 1995).published
- Sec. & Exch. Comm'n v. Gary Van Waeyenberghe & First Choice Mgmt. Servs., Inc., 284 F.3d 812 (1st Cir. 2002).published
- In Re Carefirst Of Maryland, Inc., 305 F.3d 253 (1st Cir. 2002).published
- United States v. Iwan Mandycz, 351 F.3d 222 (6th Cir. 2004).published
- In Re: Gordon R. England, Sec'y of the Navy, 375 F.3d 1169 (D.C. Cir. 2004).published
- In Re Grand Jury ABC Corp., 680 F.3d 328 (3d Cir. 2012).published
- Linde v. Arab Bank, PLC, 706 F.3d 92 (2d Cir. 2013).published
- Bass v. E.I. DuPont De Nemours & Co., 28 F. App'x 201 (4th Cir. 2002).unpublished
- Am. River Transp. Co. v. Ryan, 579 F.3d 820 (7th Cir. 2009).published
- United States Lines, Inc. v. Am. S.S. Owners Mut. Prot. & Indem. Ass'n (In Re United States Lines, Inc.), 199 B.R. 465 (S.D.N.Y. 1996).published
- Judith K. Schermer v. Mun. Bldg. Comm'n, 742 F.3d 1065 (8th Cir. 2014).published
- Mead v. Reliastar Life Ins. Co., 768 F.3d 102 (2d Cir. 2014).published
- Brett Davis v. City of Greensboro, 770 F.3d 278 (4th Cir. 2014).published
- Herx v. Diocese of Fort Wayne-South Bend, Inc., 772 F.3d 1085 (7th Cir. 2014).published
- CGC Holding Co. v. Broad & Cassel, 773 F.3d 1076 (10th Cir. 2014).published
- United States v. Gorski, 807 F.3d 451 (1st Cir. 2015).published
- Dan J. Benson v. Andres Facemyer, 657 F. App'x 828 (11th Cir. 2016).unpublished
- Virginia Van Dusen v. Swift Transp. Co, 830 F.3d 893 (9th Cir. 2016).published
- Trudy Mighty v. Miguel Carballosa, 659 F. App'x 969 (11th Cir. 2016).unpublished
- Alfred Copeland v. Charles Ryan, 852 F.3d 900 (9th Cir. 2017).published
- Carefirst of Maryland, Inc. v. Carefirst Urgent Care Ctr., LLC, 305 F.3d 253 (4th Cir. 2002).published
- Plaintiff's Liaison Couns. v. Defendant's Liaison Couns., 401 F. App'x 877 (5th Cir. 2010).unpublished
- Mitchell Garraway v. Jacquiline Ciufo, 113 F.4th 1210 (9th Cir. 2024).published
- Doe v. Planned Parenthood, No. 23-11184 (5th Cir. Feb. 26, 2025).unpublished
- United States v. Salazar Del Real, No. 25-6475 (9th Cir. Aug. 17, 2026).published
At page 51 Limiting pendent appellate jurisdiction over unrelated rulings179 citing cases“necessary to ensure meaningful review”
- Lambert v. Fiorentini, 949 F.3d 22 (1st Cir. 2020).published([T]he state courts . . . are often better suited than are federal courts to resolve questions of state law.)
- Holocaust Victims of Bank Thef v. Erste Grp. Bank, No. 11-2940 (7th Cir. Aug. 22, 2012).published ([T]here is no ‘pendent party’ appellate jurisdiction of the kind the Eleventh Circuit purported to exercise.)
- Orenshteyn v. Citrix Sys., Inc., 691 F.3d 1356 (Fed. Cir. 2012).published Comm’n, 514 U.S. 35, 50-51 (1995) (“[W]e have not universally required courts of appeals to confine review to the precise decision independently subject to appeal.”).
- Vickey Horton Tapley v. Darrell Collins, 211 F.3d 1210 (11th Cir. 2000).published See Swint v. Chambers County Comm’n, 514 U.S. 35, 51 , 115 S. Ct. 1203, 1206 (1995) (“[N]or is there ‘pendent party’ appellate authority to take up the commission’s case.”); Pickens v. Hollowell, 59 F.3d 1203, 1208 (11th Cir. 1995) (“[W]e…
- Moore v. City of Wynnewood, 57 F.3d 924 (10th Cir. 1995).published (We need not definitively or preemptively settle here whether or when it may be proper for a court of appeals with jurisdiction over one ruling to review, conjunctively, related rulings that are not themselves independe…)
- Smith v. Cnty. of Nassau, 643 F. App'x 28 (2d Cir. 2016).unpublished “the eleventh circuit's authority immediately to review the district court's denial of the individual police officer defendants' summary judgment motions did not include authority to review at once the unrelated question…”
- Holocaust Victims of v. Erste Grp. Bank, 695 F.3d 655 (7th Cir. 2012).published “tjhere is no 'pendent party' appellate jurisdiction of the kind the eleventh circuit purported to exercise.”
- Kimberly Polk v. Montgomery Cnty. Pub. Schs., 166 F.4th 400 (4th Cir. 2026).published
- Nunag-Tanedo v. East Baton Rouge Par. Sch. Bd., 711 F.3d 1136 (9th Cir. 2013).published
- Doe v. Holy See, No. 06-35563 (9th Cir. Mar. 3, 2009).published
Show 158 more citing cases
- California ex rel. California Dep't of Toxic Substances Control v. Campbell, 138 F.3d 772 (9th Cir. 1998).published
- Oteria Moses v. Cashcall, Inc., 781 F.3d 63 (4th Cir. 2015).published
- Heidi Grp. v. TX Hlth Human Svc, 138 F.4th 920 (5th Cir. 2025).published
- King v. Cessna Aircraft Co., 562 F.3d 1374 (11th Cir. 2009).published
- Williams v. Davis, No. 22-30181, 2023 WL 119452 (5th Cir. Jan. 6, 2023).unpublished
- Clemente Javier Aguirre-Jarquin v. Robert Hemmert, No. 23-10811 (11th Cir. Nov. 4, 2025).published
- United Transp. Union Local 1745 v. City of Albuquerque, 178 F.3d 1109 (10th Cir. 1999).published
- Mendocino Env't Ctr. v. Mendocino Cnty., 192 F.3d 1283 (9th Cir. 1999).published
- Wissam Al-Quraishi v. L-3 Servs., Inc., No. 10-1891 (4th Cir. Sept. 21, 2011).published
- Cantu v. Rocha, 77 F.3d 795 (5th Cir. 1996).published
- Dolihite v. Maughon, 74 F.3d 1027 (11th Cir. 1996).published
- Citizens Concerned v. Sch. Bd., 193 F.3d 1285 (11th Cir. 1999).published
- Hinson v. DeKalb Cnty., 192 F.3d 1342 (11th Cir. 1999).published
- Lowe v. Hamilton Cnty. Dep't of Job & Fam. Servs., 610 F.3d 321 (6th Cir. 2010).published
- Bass v. E.I. DuPont De Nemours & Co., 28 F. App'x 201 (4th Cir. 2002).unpublished
- United States Lines, Inc. v. Am. S.S. Owners Mut. Prot. & Indem. Ass'n (In Re United States Lines, Inc.), 199 B.R. 465 (S.D.N.Y. 1996).published
- CGC Holding Co. v. Broad & Cassel, 773 F.3d 1076 (10th Cir. 2014).published
At page 47 Congress conferring initial discretion on district courts for interlocutory appeals109 citing cases“congress thus chose to confer on district courts first line discretion to allow interlocutory appeals.”
- John Doe 1, John Doe 2, & Jane Doe 1, individually & on behalf of all others similarly situated v. Kroll Restructuring Admin. LLC, f/k/a Prime Clerk LLC, No. 1:25-cv-01319 (W.D. Tex. Sept. 9, 2026).(Simply because a court is the first to rule on a question or counsel disagrees on applicable precedent does not qualify the issue as one over which there is substantial disagreement.)
- Marks, No. 3:24-cv-00243 (S.D. Tex. Feb. 27, 2026).(Congress thus chose to confer on district courts first line discretion to allow interlocutory appeals.)
- Breaux, No. 2:24-cv-01000 (E.D. La. Feb. 12, 2026). (Congress thus chose to confer on district courts first line discretion to allow interlocutory appeals.)
- Waithaka v. Amazon.com Inc, No. 2:19-cv-01320 (W.D. Wash. Mar. 6, 2025).(Congress thus chose to confer on district courts first line discretion to 8 allow interlocutory appeals)
- Rittmann v. Amazon.com Inc, No. 2:16-cv-01554 (W.D. Wash. Jan. 29, 2025).(Congress thus chose to confer on district courts first line discretion to 2 allow interlocutory appeals)
- Hurdsman v. Gleason, No. 1:22-cv-00254 (W.D. Tex. Feb. 8, 2024).(Congress . . . chose to confer on district courts first line discretion to allow interlocutory appeals.)
- Cervini v. Cisneros, No. 1:21-cv-00565 (W.D. Tex. Oct. 18, 2023).(Congress . . . chose to confer on district courts first line discretion to allow interlocutory appeals.)
- Cervini v. Cisneros, No. 1:21-cv-00565 (W.D. Tex. Aug. 3, 2023).(Congress . . . chose to confer on district courts first line discretion to allow interlocutory appeals.)
- Hunt, Gather LLC v. Andreasik, No. 1:23-cv-00627 (W.D. Tex. July 27, 2023).(Congress . . . chose to confer on district courts first line discretion to allow interlocutory appeals.)
- Isaac Harris v. Med. Transp. Mgmt., Inc., 77 F.4th 746 (D.C. Cir. 2023).published (Congress * * * chose to confer on district courts first line discretion to allow interlocutory appeals.)
Show 99 more citing cases
- POSH Saudi Co.LTD. v. Dynamic Indus., Inc., No. 2:20-cv-03453 (E.D. La. Apr. 1, 2022).(Congress thus chose to confer on district courts first line discretion to allow interlocutory appeals.)
- James Van Connor v. Foresters Fin. Servs. Inc, No. 6:19-cv-03283 (D.S.C. Sept. 21, 2021).(Congress thus chose to confer on district courts first line discretion to allow interlocutory appeals.)
- Gonzalez Flavell v. Int'l Bank for Reconstruction & Dev., No. 2020-0623 (D.D.C. June 9, 2021).published(Congress . . . circumscribed [a district court’s] authority to certify for immediate appeal interlocutory orders deemed pivotal and debatable.)
- In re: Donald Trump, 958 F.3d 274 (4th Cir. 2020).published Comm’n, 514 U.S. 35, 46 (1995) (“Congress . . . chose to confer on district courts first line discretion to allow interlocutory appeals.”).
- Crankshaw v. City of Elgin, No. 1:18-cv-00075 (W.D. Tex. Apr. 14, 2020).(Congress . . . chose to confer on district courts first line discretion to allow interlocutory appeals.)
- Mitchell v. Patenaude & Felix APC, No. 2:19-cv-00809 (W.D. Wash. Jan. 16, 2020).(Congress thus chose to confer on 12 district courts first[-]line discretion to allow interlocutory appeals [under § 1292(b)].)
- Hart v. Rick's Cabaret Int'l, Inc., 73 F. Supp. 3d 382 (S.D.N.Y. 2014).published (Congress ... conferred] on district courts first line discretion to allow interlocutory appeals.)
- United States v. Sampson, 58 F. Supp. 3d 136 (D. Mass. 2012).published (Congress thus chose to confer on district courts first line discretion to allow interlocutory appeals.)
- E.I. DuPont de Nemours & Co. v. Rhone Poulenc Fiber & Resin Intermediates, S.A.S., 269 F.3d 187 (3d Cir. 2001).published
- Ducote v. Caterpillar Inc, No. 1:23-cv-00672 (W.D. La. Nov. 22, 2024).
- Ut, No. 2:75-cv-00408 (D. Utah May 7, 2026).
- Vantage Commodities Fin. Servs. I, LLC v. Assured Risk Transfer Pcc, LLC, No. 2017-1451 (D.D.C. Jan. 17, 2019).published
- Terrell v. Mr. Cooper Grp., Inc., No. 2020-0496 (D.D.C. July 2, 2021).published
- Agudas Chasidei Chabad of United States v. Russian Fed'n, 19 F.4th 472 (D.C. Cir. 2021).published
- Salazar v. Driver Provider Phoenix LLC, No. 2:19-cv-05760 (D. Ariz. Mar. 1, 2023).
- Gonzalez v. Cnty. of Fresno, No. 1:18-cv-01558 (E.D. Cal. June 22, 2020).
- Finjan, Inc. v. Check Point Software Tech., Inc., No. 3:18-cv-02621 (N.D. Cal. Apr. 21, 2020).
- Krommenhock v. Post Foods, LLC, No. 3:16-cv-04958 (N.D. Cal. May 11, 2020).
- Nacarino v. Chobani, LLC, No. 3:20-cv-07437 (N.D. Cal. Mar. 21, 2022).
- Scally v. PetSmart LLC, No. 4:22-cv-06210 (N.D. Cal. Jan. 2, 2024).
- Merrill v. Pathway Leasing LLC, No. 1:16-cv-02242, 2019 WL 5078655 (D. Colo. Oct. 9, 2019).
- In re: Richard D. Van Lunen Charitable Found., No. 1:22-cv-02309, 2023 WL 4706758 (D. Colo. July 24, 2023).
- C.T. v. Red Roof Inns, Inc., No. 2:22-cv-00834 (M.D. Fla. Dec. 30, 2022).
- Schuler v. Battelle Energy All., LLC, No. 4:18-cv-00234 (D. Idaho Oct. 18, 2019).
- Hilliard v. Twin Falls Cnty. Sheriff's Off., No. 1:18-cv-00550 (D. Idaho Jan. 11, 2023).
- M.H. v. Jeppesen, No. 1:22-cv-00409 (D. Idaho Mar. 8, 2024).
- Shenzhen Buxiang Network Tech. Co., Ltd. v. Bodum USA, Inc., No. 1:20-cv-01726 (N.D. Ill. Jan. 25, 2021).
- Flynn v. Exelon Corp., No. 1:19-cv-08209, 2022 WL 267915 (N.D. Ill. Jan. 28, 2022).
- US Tr. v. Deighan Law LLC, No. 3:21-cv-00526 (S.D. Ill. June 6, 2022).
- US Tr. v. Deighan Law LLC, No. 3:21-cv-00417 (S.D. Ill. June 6, 2022).
- One Resource Grp. Corp. v. Crawford, No. 1:19-cv-00445, 2020 WL 6779169 (N.D. Ind. Nov. 18, 2020).
- GJMS LLC v. Hamstra Builders Inc, No. 2:18-cv-00135 (N.D. Ind. May 16, 2023).
- Reorganized FLI, Inc. v. The Williams Companies, Inc., No. 2:05-cv-02389 (D. Kan. Dec. 20, 2019).
- Freedom Transp., Inc. v. Navistar Int'l Corp., No. 2:18-cv-02602 (D. Kan. Jan. 9, 2020).
- Wood v. Learjet, Inc., No. 2:18-cv-02621 (D. Kan. Aug. 18, 2021).
- KPH Healthcare Servs., Inc. v. Mylan N.V., No. 2:20-cv-02065 (D. Kan. Oct. 31, 2022).
- Coca v. Dodge City, Kansas, City of, No. 6:22-cv-01274 (D. Kan. June 12, 2023).
- IBT Emp. Grp. Welfare Fund v. Compass Minerals Int'l, Inc., 723 F. Supp. 3d 1053 (D. Kan. 2024).published
- Riley v. Cantrell, No. 2:19-cv-13950 (E.D. La. Mar. 23, 2022).
- Reddick v. Medtronic, Inc., No. 2:22-cv-02715 (E.D. La. Oct. 31, 2022).
- Ganpat v. E. Pac. Shipping PTE. Ltd., 642 F. Supp. 3d 524 (E.D. La. 2022).published
- Ramsey v. Indep. Specialty Ins. Co., No. 2:23-cv-00632 (E.D. La. Dec. 11, 2023).
- Mannino v. Louisiana Health Serv. & Indem. Co., No. 3:19-cv-00185 (M.D. La. Sept. 28, 2020).
- Mack Energy Co v. Red Stick Energy, LLC, No. 6:16-cv-01696 (W.D. La. Sept. 13, 2019).
- Barber v. Baltimore Lutheran High Sch. Ass'n, No. 1:21-cv-00691 (D. Md. Sept. 6, 2022).
- Buettner-Hartsoe v. Baltimore Lutheran High Sch. Ass'n, No. 1:20-cv-03132 (D. Md. Sept. 6, 2022).
- Gomez v. Baltimore Lutheran High Sch. Ass'n, No. 1:20-cv-03267 (D. Md. Oct. 25, 2022).
- United States v. Wasel, No. 2:17-cv-12296 (E.D. Mich. Mar. 17, 2021).
- Hart, Jr. v. State Farm Fire & Cas. Co., No. 2:20-cv-10573 (E.D. Mich. Dec. 3, 2021).
- Nessel v. Enbridge Energy Ltd. P'ship, No. 1:21-cv-01057 (W.D. Mich. Feb. 21, 2023).
- Guille v. Johnson, No. 3:18-cv-01472 (D.N.J. June 17, 2019).unpublished
- United States v. Simones, No. 1:20-cv-00795 (D.N.M. Aug. 2, 2021).
- Bessios v. Pueblo of Pojoaque, No. 1:22-cv-00266 (D.N.M. Apr. 23, 2024).
- City of Providence, Rhode Island v. Bats Global Markets, Inc., No. 1:14-cv-02811 (S.D.N.Y. July 16, 2019).
- Groman v. Gen. Motors LLC., No. 1:14-cv-02458 (S.D.N.Y. Dec. 12, 2019).
- Caicedo v. The Anthem Companies, Inc., No. 1:21-cv-05642 (S.D.N.Y. Nov. 7, 2022).
- Guzman v. USAA Fed. Sav. Bank, No. 3:23-cv-01193 (N.D. Ohio June 20, 2024).
- Bloom v. Anderson, No. 2:20-cv-04534 (S.D. Ohio Nov. 12, 2021).
- C.T. v. Red Roof Inns, Inc., No. 2:21-cv-05022, 2022 WL 18003292 (S.D. Ohio Dec. 30, 2022).
- C.C. v. Wyndham Hotels & Resorts, Inc., No. 2:22-cv-03799 (S.D. Ohio Mar. 29, 2024).
- G. M. v. Choice Hotels Int'l, Inc., 725 F. Supp. 3d 766 (S.D. Ohio 2024).published
- A.M. v. Wyndham Hotels & Resorts, Inc., 728 F. Supp. 3d 787 (S.D. Ohio 2024).published
- Wickersham v. Eastside Distilling, Inc., No. 3:20-cv-02182 (D. Or. May 4, 2024).
- United States Of Am. v. Select Rehab., Inc., No. 2:19-cv-03277 (E.D. Pa. Feb. 13, 2024).
- United States v. Mashni, No. 2:18-cv-02288 (D.S.C. Jan. 19, 2022).
- Brunson v. Capitol CMG, Inc., No. 3:20-cv-01056 (M.D. Tenn. Aug. 4, 2021).
- Grooms v. Walden Sec., No. 3:21-cv-00363 (M.D. Tenn. July 22, 2022).
- Earl v. The Boeing Co., No. 4:19-cv-00507 (E.D. Tex. Mar. 18, 2021).
- In Re: Fog Cap Retail Investors LLC, No. 1:23-cv-01580 (D. Colo. Sept. 18, 2024).
- Pasha v. New York State Dep't of Health, No. 1:22-cv-03355 (S.D.N.Y. July 9, 2024).
- Philips North Am. LLC v. Probo Med., LLC, No. 2:21-cv-00298 (S.D. W. Va. Mar. 15, 2024).
- Kammerer v. Univ. of Kansas, The, No. 2:24-cv-02182 (D. Kan. Dec. 17, 2024).
- Brouillette v. Citimortgage, Inc., No. 3:23-cv-04304 (D.N.J. Jan. 2, 2025).unpublished
- United States Equal Emp. Opportunity Comm'n v. Chipotle Servs., LLC, No. 2:23-cv-02439 (D. Kan. Feb. 10, 2025).
- Merrick v. Shinn, No. 24-4833 (9th Cir. Apr. 25, 2025).unpublished
- Gerber v. Twitter, Inc., No. 4:23-cv-00186 (N.D. Cal. May 9, 2025).
- Dorsey v. Soucie, No. 2:25-cv-02006 (D. Kan. June 18, 2025).
- Palczynsky v. Oil Patch Grp., Inc., No. 2:21-cv-01125 (D.N.M. June 24, 2025).
- Givens v. Revlon, Inc., No. 4:23-cv-00857 (E.D. Tex. July 23, 2025).
- Bullard v. Costco Wholesale Corp., No. 3:24-cv-03714 (N.D. Cal. July 29, 2025).
- Boulter v. Kerr-McGee Oil & Gas Onshore, LP, No. 1:24-cv-01459 (D. Colo. Sept. 12, 2025).
- West v. Bam! Pizza Mgmt., Inc., No. 1:22-cv-00209, 2025 WL 2879940 (D.N.M. Oct. 9, 2025).
- Floyd, No. 3:23-cv-01667 (M.D. La. Oct. 15, 2025).
- Godfrey, No. 3:25-cv-03462 (N.D. Cal. Oct. 30, 2025).
- Neva Williams et al. v. New Mexico State Univ. et al., No. 2:23-cv-01059 (D.N.M. Nov. 6, 2025).
- Crespo, No. 2:24-cv-00492 (D.N.J. Dec. 31, 2025).unpublished
- Andrews, No. 1:25-cv-03372 (N.D. Ill. Jan. 23, 2026).
- Martin, No. 5:25-cv-00155 (E.D. Ky. Mar. 2, 2026).
- Downing, No. 2:25-cv-02225 (D. Kan. Mar. 6, 2026).
- Cornwell, No. 2:24-cv-00926 (E.D. La. Mar. 23, 2026).
- Lopez, No. 1:25-cv-00225 (D.N.M. Mar. 30, 2026).
- Jefferies, No. 2:25-cv-02352 (D. Kan. July 22, 2026).
- David Knellinger & Robert Storey, individually & on behalf of all persons similarly situated v. David Young, in his Off. capacities as Colorado Treasurer, Colorado Off. of Treasury; & Bianca Gardelli, in her individual & Off. capacities as Dir. of Colorado Dep't of Treasury, Unclaimed Prop. Div., No. 1:22-cv-01379 (D. Colo. Aug. 21, 2026).
- Blanton, No. 1:24-cv-00484 (D.N.M. Sept. 23, 2026).
- Turi v. Main Street Adoption Servs., LLP, 633 F.3d 496 (6th Cir. 2011).published
- Nat'l Asbestos Workers Med. Fund v. Philip Morris, Inc., 71 F. Supp. 2d 139 (E.D.N.Y. 1999).published
- Dorato ex rel. Wrongful Death Claim of Tillison v. Smith, 163 F. Supp. 3d 837 (D.N.M. 2015).published
- XTO Energy, Inc. v. ATD, LLC, 189 F. Supp. 3d 1174 (D.N.M. 2016).published
- Prevent U.S.A. Corp. v. Volkswagen AG, No. 2:22-cv-00506 (E.D. Tex. Aug. 3, 2023).
At page 43 Distinguishing defense to liability from immunity from suit35 citing casesUnlike jurisdictional issues and certain immunities from suit, Monell is just a defense to liability.
- Holliday v. Monroe Cnty., Mississippi, No. 1:24-cv-00082 (N.D. Miss. Aug. 2, 2024).(Unlike jurisdictional issues and certain immunities from suit, Monell is just a defense to liability.)
- Ramirez v. Escajeda, No. 3:17-cv-00193 (W.D. Tex. Oct. 31, 2022). (Unlike jurisdictional issues and certain immunities from suit, Monell is just a defense to liability.)
- Leonid Marmelshtein v. City of Southfield, 421 F. App'x 596 (6th Cir. 2011).unpublished “an erroneous ruling on municipal liability may be reviewed effectively on appeal from final judgment. therefore, the order denying the municipality's summary judgment motion was not an appealable collateral order.”
- Cate v. City of Rockwood, 241 F. App'x 231 (6th Cir. 2007).unpublished “an erroneous ruling on municipal liability may be reviewed effectively on appeal from final judgment. therefore, the order denying the municipality's summary judgment motion was not an appeal-able collateral order.”
- Floyd v. City of Detroit, 518 F.3d 398 (6th Cir. 2008).published
- Louis Taylor v. Cnty. of Pima, 913 F.3d 930 (9th Cir. 2019).published
- Byrum v. Landreth, 566 F.3d 442 (5th Cir. 2009).published
- Un del Pueblo Entero v. Nelson, 163 F.4th 239 (5th Cir. 2025).published
- Desormeaux v. Savoie, No. 01-31469 (5th Cir. Aug. 2, 2002).unpublished
- Kristen Martin v. Halliburton, No. 09-20441 (5th Cir. Apr. 15, 2010).published
Show 25 more citing cases
- Falana v. Kent State Univ., 669 F.3d 1349 (Fed. Cir. 2012).published
- Nunag-Tanedo v. East Baton Rouge Par. Sch. Bd., 711 F.3d 1136 (9th Cir. 2013).published
- Robin Allman v. Kevin Smith, 764 F.3d 682 (7th Cir. 2014).published
- Christian Cutler v. Stephen F. Austin State Univ, 767 F.3d 462 (5th Cir. 2014).published
- Doe v. Holy See, No. 06-35563 (9th Cir. Mar. 3, 2009).published
- Geo Grp., Inc. v. Menocal, No. 24-758, 2026 WL 513536 (U.S. Feb. 25, 2026).published
At page 46 Defining district court discretion for interlocutory appeals under 28 U.S.C. § 1292(b)33 citing casesexplaining that in passing 28 U.S.C. § 1292 , “Congress thus chose to confer on district courts first line discretion to allow interlocutory appeals
- Schnupp v. Blair Pharmacy, Inc., No. 1:17-cv-02335 (D. Md. May 7, 2025).(The decision to certify an interlocutory appeal is firmly in the district court's discretion.)
- Kitziger v. Gulfstream Servs., Inc., No. 2:20-cv-00386 (E.D. La. Sept. 29, 2021).(When considering a motion to dismiss, the court accepts as true the well-pled factual allegations in the complaint, and construes them in the light most favorable to the plaintiff.)
- In re: Donald Trump, 958 F.3d 274 (4th Cir. 2020).published (Congress . . . chose to confer on district courts first line discretion to allow interlocutory appeals.)
- Byrum v. Landreth, 566 F.3d 442 (5th Cir. 2009).published
- Jud. Watch, Inc. v. Nat'l Energy Policy Dev. Grp., 233 F. Supp. 2d 16 (D.D.C. 2002).published
- Deutsche Bank Nat'l Trust Co. v. Fed. Deposit Ins., 744 F.3d 1124 (9th Cir. 2014).published
- Blumenthal v. Trump, No. 2017-1154 (D.D.C. June 25, 2019).published
- In Re: Rail Freight Fuel Surcharge Antitrust Litig. - Mdl 1869, Misc. No. 2007-0489, 2021 WL 2433737 (D.D.C. June 15, 2021).published
- United States v. Honeywell Int'l, Inc., No. 2008-0961, 2021 WL 2493382 (D.D.C. June 18, 2021).published
- Mahoney v. United States Capitol Police Bd., No. 2021-2314 (D.D.C. Apr. 21, 2022).published
Show 23 more citing cases
- Pumphrey v. Battles, No. 3:21-cv-09005 (N.D. Cal. Mar. 3, 2023).
- Lawson v. Grubhub, Inc., No. 3:15-cv-05128 (N.D. Cal. May 30, 2023).
- Johnson v. Altamirano, No. 3:19-cv-01185 (S.D. Cal. Jan. 30, 2020).
- Mediaset Espana Commc'ns S.A. v. Romany, No. 1:22-cv-21229 (S.D. Fla. May 24, 2022).
- Ducote v. Caterpillar Inc, No. 1:23-cv-00672 (W.D. La. Nov. 22, 2024).
- Ut, No. 2:75-cv-00408 (D. Utah May 7, 2026).
At page 50 Limiting scope of interlocutory appeal jurisdiction30 citing casesWe need not definitively or preemptively settle here whether or when it may be proper for a court of appeals, with jurisdiction over one ruling, to review, conjunctively, related rulings that are not themselves independently appealable.
- Orenshteyn v. Citrix Sys., Inc., 691 F.3d 1356 (Fed. Cir. 2012).published ([W]e have not universally required courts of appeals to confine review to the precise decision independently subject to appeal.)
- Subir Gupta v. Thai Airways Int'l, Ltd., 487 F.3d 759 (9th Cir. 2007).published (We need not definitively or preemptively settle here whether or when it may be proper for a court of appeals, with jurisdiction over one ruling, to review, conjunctively, related rulings that are not themselves indepen…)
- Tarrant Reg'l Water Dist. v. Sevenoaks, 545 F.3d 906 (10th Cir. 2008).published “we need not definitively or preemptively settle here whether or when it may be proper for a court of appeals, with jurisdiction over one ruling, to review, conjunctively, related rulings that are not themselves independ…”
- Dmarcian, Inc. v. DMARC Advisor BV, 182 F.4th 289 (4th Cir. 2026).published
- Dmarcian, Inc. v. DMARC Advisor BV, 182 F.4th 289 (4th Cir. 2026).published
- E.I. DuPont de Nemours & Co. v. Rhone Poulenc Fiber & Resin Intermediates, S.A.S., 269 F.3d 187 (3d Cir. 2001).published
- Greenwich Fin. Servs. Distressed Mortg. Fund 3 LLC v. Country, No. 09-3600-cv (2d Cir. Apr. 20, 2010).published
- Moniz v. City of Fort Lauderdale, No. 97-5347 (11th Cir. July 9, 1998).published
- Johnson v. Jones, 515 U.S. 304 (1995).published
- Vermont Agency of Nat. Resources v. United States Ex Rel. Stevens, 529 U.S. 765 (2000).published
Show 20 more citing cases
- United Transp. Union Local 1745 v. City of Albuquerque, 178 F.3d 1109 (10th Cir. 1999).published
- Mendocino Env't Ctr. v. Mendocino Cnty., 192 F.3d 1283 (9th Cir. 1999).published
- Ronald Davidson v. Melvin L. Chestnut, 193 F.3d 144 (2d Cir. 1999).published
- In Re: Laura Stoltz, 197 F.3d 625 (2d Cir. 1999).published
- Wissam Al-Quraishi v. L-3 Servs., Inc., No. 10-1891 (4th Cir. Sept. 21, 2011).published
At page 45 Analyzing pendent appellate jurisdiction and statutory timing controls18 citing casesSection 1291's final decision requirement is designed to prevent parties from interrupting litigation by pursuing piecemeal appeals.
- Union Oil Co. Of California v. John Brown E & C, 121 F.3d 305 (7th Cir. 1997).published (Section 1291's final decision requirement is designed to prevent parties from interrupting litigation by pursuing piecemeal appeals.)
- Union Oil Co. v. John Brown E & C, 121 F.3d 305 (7th Cir. 1997).published (Section 1291’s final decision requirement is designed to prevent parties from interrupting litigation by pursuing piecemeal appeals.)
- In Re: Grand Jury v., 705 F.3d 133 (3d Cir. 2012).published
- Johnson v. Clifton, 74 F.3d 1087 (11th Cir. 1996).published
- Rex T. Morrison v. Allstate Indem. Co., 228 F.3d 1255 (11th Cir. 2000).published
- Behrens v. Pelletier, 516 U.S. 299 (1996).published
- California ex rel. California Dep't of Toxic Substances Control v. Campbell, 138 F.3d 772 (9th Cir. 1998).published
- E.I. DuPont de Nemours & Co. v. Rhone Poulenc Fiber & Resin Intermediates, S.A.S., 269 F.3d 187 (3d Cir. 2001).published
- In re: Thomas R. Hazelrigg, III, No. WW-13-1230-TaDJu (B.A.P. 9th Cir. Nov. 19, 2013).unpublished
- In re: George Elliott Dockweiler, No. AK-13-1157-JuKuPa (B.A.P. 9th Cir. Mar. 28, 2014).unpublished
Show 7 more citing cases
- Oteria Moses v. Cashcall, Inc., 781 F.3d 63 (4th Cir. 2015).published
- In Re Tutu Wells Contamination Litig., 120 F.3d 368 (3d Cir. 1997).
- Paige v. California, 102 F.3d 1035 (9th Cir. 1996).published
- OI Eur. Grp. BV v. Bolivarian Repub. of Venezuela, 73 F.4th 157 (3d Cir. 2023).published
- Heidi Grp. v. TX Hlth Human Svc, 138 F.4th 920 (5th Cir. 2025).published
At page 48 Constraining appellate jurisdiction through congressional rulemaking authority20 citing casesinsisting that Congress’s determination of jurisdictional rules “warrants the Judiciary’s full respect
- United States of Am. v. Burton, No. 25-87 (9th Cir. Sept. 28, 2026).publishedComm’n, 514 U.S. 35, 48 (1995).
- Mohawk Indus., Inc. v. Carpenter, 558 U.S. 100 (2009).published
- Cunningham v. Hamilton Cnty., 527 U.S. 198 (1999).published
- Janay Garrick v. Moody Bible Inst., 95 F.4th 1104 (7th Cir. 2024).published
- Rhonda Fleming v. FCI Tallahassee Warden, 127 F.4th 837 (11th Cir. 2025).published
- Geo Grp., Inc. v. Menocal, No. 24-758, 2026 WL 513536 (U.S. Feb. 25, 2026).published
- In Re Motor Fuel Temperature Sales Practices Litig., 641 F.3d 470 (10th Cir. 2011).published
- In re: Motor Fuel Temperature v., No. 10-3086 (10th Cir. June 8, 2011).published
- United States v. James Guerrero, 693 F.3d 990 (9th Cir. 2012).published
- In Re: Sealed Case, No. 12-5147 (D.C. Cir. May 16, 2013).published
Show 7 more citing cases
- Richard Adler v. Elk Glenn, LLC, 758 F.3d 737 (6th Cir. 2014).published
- Amy Weber v. Frances McGrogan, 939 F.3d 232 (3d Cir. 2019).published
- Frank Williams, Jr. v. Lockheed Martin Corp, No. 18-31161 (5th Cir. May 4, 2020).published
- Robert Frazier v. Prince Georges Cnty., 140 F.4th 556 (4th Cir. 2025).published
At page 49 Limiting pendent appellate jurisdiction to specific claims17 citing cases“a rule loosely allowing pendent appellate jurisdiction would encourage parties to parlay. . . collateral orders into multi-issue interlocutory appeal tickets.”
- Orenshteyn v. Citrix Sys., Inc., 691 F.3d 1356 (Fed. Cir. 2012).published Comm’n, 514 U.S. 35, 50-51 (1995) (“[W]e have not universally required courts of appeals to confine review to the precise decision independently subject to appeal.”).
- Sterling v. Feek, 150 F.4th 1235 (9th Cir. 2025).published“loosely allowing pendent appellate jurisdiction would encourage parties to parlay" interlocutory orders into "multi-issue interlocutory appeal tickets.”
- Sureshbhai Patel v. City of Madison, Alabama, 959 F.3d 1330 (11th Cir. 2020).published“a rule loosely allowing pendent appellate jurisdiction would encourage parties to parlay. . . collateral orders into multi-issue interlocutory appeal tickets.”
- Kilburn, Blake v. Islamic Repub Iran, 376 F.3d 1123 (D.C. Cir. 2004).published
- Kilburn v. Socialist People's Libyan Arab Jamahiriya, 376 F.3d 1123 (D.C. Cir. 2004).published
- Kimberly Polk v. Montgomery Cnty. Pub. Schs., 166 F.4th 400 (4th Cir. 2026).published
- OI Eur. Grp. BV v. Bolivarian Repub. of Venezuela, 73 F.4th 157 (3d Cir. 2023).published
- King v. Cessna Aircraft Co., 562 F.3d 1374 (11th Cir. 2009).published
- Jones v. Parkman, 77 F.3d 486 (8th Cir. 1996).unpublished
- Tradesmen Int'l, Incor v. John Black, 724 F.3d 1004 (7th Cir. 2013).published
Show 7 more citing cases
- Otto Jones v. Dave Parkman, No. 95-1311 (8th Cir. Feb. 23, 1996).unpublished
- Burlington N. & Santa Fe Ry. Co. v. Vaughn, 509 F.3d 1085 (9th Cir. 2007).published
- Seana Barnett v. Sara MacArthur, No. 16-17179 (11th Cir. Oct. 30, 2017).unpublished
- Williams v. Davis, No. 22-30181, 2023 WL 119452 (5th Cir. Jan. 6, 2023).unpublished
- Clemente Javier Aguirre-Jarquin v. Robert Hemmert, No. 23-10811 (11th Cir. Nov. 4, 2025).published
At page 41 Determining appellate jurisdiction over collateral orders11 citing cases“the collateral order doctrine is best understood not as an exception to the final decision rule ... but as a practical construction of it.”
- Johnson v. Bowe, 856 F. App'x 487 (5th Cir. 2021).unpublished See Swint, 514 U.S. at 38 (“The commission’s appeal, we hold, does not fit within the ‘collateral order’ doctrine, nor is there ‘pendent party’ appellate authority to take up the commission’s case.”); Zarnow, 500 F.3d at 407 (“[W]e have re…
- Coll. Sav. Bank, & United States v. Florida Prepaid Postsecondary Educ. Expense Bd., 148 F.3d 1343 (2d Cir. 1998).published “the collateral order doctrine is best understood not as an exception to the final decision rule ... but as a practical construction of it.”
- Sunshine Haven Nursing Operations, LLC v. United States Dep't of Health & Human Servs., Centers for Medicare & Medicaid Servs., 742 F.3d 1239 (10th Cir. 2014).published
- Floyd v. City of Detroit, 518 F.3d 398 (6th Cir. 2008).published
- Anita J. Howard v. Shelly R. Svoboda, M.D., 890 N.W.2d 111 (Minn. 2017).published
- Louis Taylor v. Cnty. of Pima, 913 F.3d 930 (9th Cir. 2019).published
- Est. of Jaime Ceballos v. Husk, 919 F.3d 1204 (10th Cir. 2019).published
- Kell v. Benzon, 925 F.3d 448 (10th Cir. 2019).published
- Pickett v. Texas Tech Univ, 37 F.4th 1013 (5th Cir. 2022).published
- Jeremy Graber v. Michael Boresky, 59 F.4th 603 (3d Cir. 2023).published
Show 1 more citing case
- Smith v. City of Hayward, No. 24-7541 (9th Cir. Dec. 9, 2025).unpublished
At page 36 District court discretion to certify interlocutory appeals7 citing cases. . . 28 U.S.C. § 1292 (b) confers on district courts first line discretion to certify for immediate appeal interlocutory orders deemed pivotal and debatable; this provision grants to the court of appeals discretion to review only orders first certified by the district court.
- Sweidy v. Spring Ridge Academy, No. 3:21-cv-08013 (D. Ariz. Apr. 18, 2025).Comm’n, 514 U.S. 35, 36 (1995) (“28 11 U.S.C. § 1292 (b) confers on district courts first line discretion to certify for immediate 12 appeal interlocutory orders deemed pivotal and debatable . . . .”). 13 The Ninth Circuit has noted that,…
- Edwards v. Darden Grp., Inc., No. 0:24-cv-61818 (S.D. Fla. Jan. 24, 2025).(. . . 28 U.S.C. § 1292 (b) confers on district courts first line discretion to certify for immediate appeal interlocutory orders deemed pivotal and debatable; this provision grants to the court of appeals discretion to…)
- Roberts v. Bloom Energy Corp., No. 4:19-cv-02935 (N.D. Cal. Apr. 14, 2022).
- (PC) Riley v. Kernan, No. 3:16-cv-00405 (S.D. Cal. Apr. 15, 2022).
- Liberty Ford Lincoln Mercury, Inc. v. Ford Motor Co., No. 1:21-cv-02085 (N.D. Ohio Feb. 1, 2023).
- Marinkovic v. Hazelwood, No. 1:20-cv-01485 (N.D. Ohio May 5, 2023).
- CBIZ, Inc. v. Cryan, No. 1:24-cv-01027 (N.D. Ohio Sept. 9, 2024).
At page 38 Determining appellate jurisdiction over commission's appeal6 citing casesThe commission’s appeal, we hold, does not fit within the ‘collateral order’ doctrine, nor is there ‘pendent party’ appellate authority to take up the commission’s case.
- Johnson v. Bowe, 856 F. App'x 487 (5th Cir. 2021).unpublished (The commission’s appeal, we hold, does not fit within the ‘collateral order’ doctrine, nor is there ‘pendent party’ appellate authority to take up the commission’s case.)
- Vickey Horton Tapley v. Darrell Collins, 211 F.3d 1210 (11th Cir. 2000).published “nor is there 'pendent party' appellate authority to take up the commission's case.”
- Juan Hernandez v. City of San Jose, 897 F.3d 1125 (9th Cir. 2018).published
- Smiledirectclub, LLC v. Tanja D. Battle, 4 F.4th 1274 (11th Cir. 2021).published
- Mohamed v. Jones, 100 F.4th 1214 (10th Cir. 2024).published
- Duke v. Luxottica U.S. Holdings Corp., 167 F.4th 16 (2d Cir. 2026).published
131 L. Ed. 2d at 74 Exercising pendent appellate jurisdiction in appropriate circumstances3 citing casesleaving open the possibility of exercising pendent appellate jurisdiction in appropriate circumstances
- Flint Elec. Membership Corp. v. Whitworth, 68 F.3d 1309 (11th Cir. 1995).published
- Heggs v. Grant, 73 F.3d 317 (11th Cir. 1996).published
- Carpenter v. Boeing Co., 223 F.R.D. 552 (D. Kan. 2004).published
[L]oosely allowing pendent appellate jurisdiction would encourage parties to parlay” interlocutory orders into “multi-issue interlocutory appeal tickets.
- Sterling v. Feek, 150 F.4th 1235 (9th Cir. 2025).published([L]oosely allowing pendent appellate jurisdiction would encourage parties to parlay” interlocutory orders into “multi-issue interlocutory appeal tickets.)
- Sureshbhai Patel v. City of Madison, Alabama, 959 F.3d 1330 (11th Cir. 2020).published([A] rule loosely allowing pendent appellate jurisdiction would encourage parties to parlay. . . collateral orders into multi-issue interlocutory appeal tickets.)
An erroneous ruling on [municipal] liability may be reviewed effectively on appeal from final judgment. Therefore, the order denying the [municipality's summary judgment motion was not an appealable collateral order.
- Leonid Marmelshtein v. City of Southfield, 421 F. App'x 596 (6th Cir. 2011).unpublished (An erroneous ruling on [municipal] liability may be reviewed effectively on appeal from final judgment. Therefore, the order denying the [municipality's summary judgment motion was not an appealable collateral order.)
- Cate v. City of Rockwood, 241 F. App'x 231 (6th Cir. 2007).unpublished (An erroneous ruling on [municipal] liability may be reviewed effectively on appeal from final judgment. Therefore, the order denying the [municipality]’s summary judgment motion was not an appeal-able collateral order.)
We need not definitively or preemptively settle here whether or when it may be proper for a court of appeals, with jurisdiction over one ruling, to review, conjunctively, related rulings that are not themselves independently appealable.
- Subir Gupta v. Thai Airways Int'l, Ltd., 487 F.3d 759 (9th Cir. 2007).published (We need not definitively or preemptively settle here whether or when it may be proper for a court of appeals, with jurisdiction over one ruling, to review, conjunctively, related rulings that are not themselves indepen…)
- Tarrant Reg'l Water Dist. v. Sevenoaks, 545 F.3d 906 (10th Cir. 2008).published (We need not definitively or preemptively settle here whether or when it may be proper for a court of appeals, with jurisdiction over one ruling, to review, conjunctively, related rulings that are not themselves indepen…)
At page 40 “even assuming, for the sake of argument, that it may sometimes be appropriate to exercise 'pendent appellate jurisdiction' over such a matter, but cf. swint v. chambers county comm'n, 514 u.s. 35 , ---- - ----, 115 s.ct. 1203, 1211-12 , 131 l.ed.2d 60 , it seems unlikely that courts of appeals woul…”2 citing cases
- Orenshteyn v. Citrix Sys., Inc., 691 F.3d 1356 (Fed. Cir. 2012).published Comm’n, 514 U.S. 35, 50-51 (1995) (“[W]e have not universally required courts of appeals to confine review to the precise decision independently subject to appeal.”).
- Jane Doe v. The Coll. of New Jersey, 997 F.3d 489 (3d Cir. 2021).published
115 S. Ct. at 1206 [W]e have no pendent party appellate jurisdiction.1 citing case
- Vickey Horton Tapley v. Darrell Collins, 211 F.3d 1210 (11th Cir. 2000).published ([W]e have no pendent party appellate jurisdiction.)
Other citing cases
- In Re MetLife Demutualization Litig., No. 09-3716-cv (2d Cir. Sept. 29, 2009).published
v.
CHAMBERS COUNTY COMMISSION Et Al.
delivered the opinion of the Court.
In the wake of successive police raids on a nightclub in Chambers County, Alabama, two of the club’s owners joined by an employee and a patron (petitioners here) sued the Chambers County Commission (respondent here), the city of Wadley, and three individual police officers. Petitioners sought damages and other relief, pursuant to 42 U. S. C. § 1988, for alleged civil rights violations. We granted certiorari to review the decision of the United States Court of Appeals for the Eleventh Circuit, which held that the Chambers County Commission qualified for summary judgment because the sheriff who authorized the raids was a state executive officer and not an agent of the county commission. We do not reach that issue, however, because we conclude[*38] that the Eleventh Circuit lacked jurisdiction to rule on the county commission’s liability at this interlocutory stage of the litigation.
The Eleventh Circuit unquestionably had jurisdiction to review the denial of the individual police officer defendants’ motions for summary judgment based on their alleged qualified immunity from suit. But the Circuit Court did not thereby gain authority to review the denial of the Chambers County Commission’s motion for summary judgment. The commission’s appeal, we hold, does not fit within the “collateral order” doctrine, nor is there “pendent party” appellate authority to take up the commission’s case. We therefore vacate the relevant portion of the Eleventh Circuit’s judgment and remand the case for proceedings consistent with this opinion.
I
On December 14, 1990, and again on March 29, 1991, law enforcement officers from Chambers County and the city of Wadley, Alabama, raided the Capri Club in Chambers County as part of a narcotics operation. The raids were conducted without a search warrant or an arrest warrant. Petitioners filed suit, alleging, among other claims for relief, violations of their federal civil rights. Petitioners named as defendants the county commission; the city of Wadley; and three individual defendants, Chambers County Sheriff James C. Morgan, Wadley Police Chief Freddie Morgan, and Wadley Police Officer Gregory Dendinger.
The five defendants moved for summary judgment on varying grounds. The three individual defendants asserted qualified immunity from suit on petitioners’ federal claims. See Anderson v. Creighton, 483 U. S. 635, 639 (1987) (governmental officials are immune from suit for civil damages unless their conduct is unreasonable in light of clearly established law). Without addressing the question whether Wadley Police Chief Freddie Morgan, who participated in the[*39] raids, was a policymaker for the municipality, the city argued that a respondeat superior theory could not be used to hold it liable under § 1983. See Monell v. New York City Dept. of Social Servs., 436 U. S. 658, 694 (1978) (a local government may not be sued under § 1983 for injury inflicted solely by its nonpolicymaking employees or agents). The Chambers County Commission argued that County Sheriff James C. Morgan, who authorized the raids, was not a policymaker for the county.
The United States District Court for the Middle District of Alabama denied the motions for summary judgment. The District Court agreed that § 1983 liability could not be imposed on the city for an injury inflicted by a nonpolicymaking employee; that court denied the city’s summary judgment motion, however, because the city had failed to argue that Wadley Police Chief Freddie Morgan was not its policymaker for law enforcement. Regarding the county commission’s motion, the District Court was “persuaded by the Plaintiffs that Sheriff [James C.] Morgan may have been the final decision-maker for the County in ferreting out crime, although he is a State of Alabama employee.” App. to Pet. for Cert. 67a. The District Court later denied the defendants’ motions for reconsideration, but indicated its intent to revisit, before jury deliberations, the question whether Sheriff Morgan was a policymaker for the county:
“The Chambers County Defendants correctly point out that whether Sheriff James Morgan was the final policy maker is a question of law that this Court can decide. What th[is] Court decided in its [prior order] was that the Plaintiffs had come forward with sufficient evidence to persuade this Court that Sheriff Morgan may be the final policy maker for the County. The parties will have an opportunity to convince this Court that Sheriff Morgan was or was not the final policy maker[*40] for the County, and the Court will make a ruling as a matter of law on that issue before the case goes to the jury.” Id., at 72a.
Invoking the rule that an order denying qualified immunity is appealable before trial, Mitchell v. Forsyth, 472 U. S. 511, 530 (1985), the individual defendants immediately appealed. The city of Wadley and the Chambers County Commission also appealed, arguing, first, that the denial of their summary judgment motions — like the denial of the individual defendants’ summary judgment motions — was immediately appealable as a collateral order satisfying the test announced in Cohen v. Beneficial Industrial Loan Corp., 337 U. S. 541, 546 (1949) (decisions that are conclusive, that resolve important questions apart from the merits of the underlying action, and that are effectively unreviewable on appeal from final judgment may be appealed immediately). Alternatively, the city and county commission urged the Eleventh Circuit Court of Appeals to exercise “pendent appellate jurisdiction,” a power that court had asserted in earlier cases. Stressing the Eleventh Circuit’s undisputed jurisdiction over the individual defendants’ qualified immunity pleas, the city and county commission maintained that, in the interest of judicial economy, the court should resolve, simultaneously, the city’s and commission’s appeals.
The Eleventh Circuit affirmed in part and reversed in part the District Court’s order denying summary judgment for the individual defendants. 5 F. 3d 1435, 1448 (1993), modified, 11 F. 3d 1030, 1031-1032 (1994). Next, the Eleventh Circuit held that the District Court’s rejections of the county commission’s and city’s summary judgment motions were not immediately appealable as collateral orders. 5 F. 3d, at 1449, 1452. Nevertheless, the Circuit Court decided to exercise pendent appellate jurisdiction over the county commission’s appeal. Id., at 1449-1450. Holding that Sheriff James C.[*41] Morgan was not a policymaker for the county in the area of law enforcement, the Eleventh Circuit reversed the District Court’s order denying the county commission’s motion for summary judgment. Id., at 1450-1451. The Eleventh Circuit declined to exercise pendent appellate jurisdiction over the city’s appeal because the District Court had not yet decided whether Wadley Police Chief Freddie Morgan was a policymaker for the city. Id., at 1451-1452. [1]
We granted certiorari to review the Court of Appeals’ decision that Sheriff Morgan is not a policymaker for Chambers County. 512 U. S. 1204 (1994). We then instructed the parties to file supplemental briefs addressing this question: Given the Eleventh Circuit’s jurisdiction to review immediately the District Court’s refusal to grant summary judgment for the individual defendants in response to their pleas of qualified immunity, did the Circuit Court also have jurisdiction to review at once the denial of the county commission’s summary judgment motion? 513 U. S. 958 (1994). We now hold that the Eleventh Circuit should have dismissed the county commission’s appeal for want of jurisdiction.
II
We inquire first whether the denial of the county commission’s summary judgment motion was appealable as a collateral order. The answer, as the Court of Appeals recognized, is a firm “No.”
By statute, federal courts of appeals have “jurisdiction of appeals from all final decisions of the district courts,” except where direct review may be had in this Court. 28 U. S. C. § 1291. “The collateral order doctrine is best understood not as an exception to the ‘final decision’ rule laid down by Con[*42] gress in § 1291, but as a ‘practical construction’ of it.” Digital Equipment Corp. v. Desktop Direct, Inc., 511 U. S. 863, 867 (1994) (quoting Cohen, 337 U. S., at 546). In Cohen, we held that § 1291 permits appeals not only from a final decision by which a district court disassociates itself from a case, but also from a small category of decisions that, although they do not end the litigation, must nonetheless be considered “final.” Id,., at 546. That small category includes only decisions that are conclusive, that resolve important questions separate from the merits, and that are effectively unreviewable on appeal from the final judgment in the underlying action. Ibid.
The District Court planned to reconsider its ruling on the county commission’s summary judgment motion before the case went to the jury. That court had initially determined only that “Sheriff Morgan ... may have been the final policy maker for the County.” App. to Pet. for Cert. 67a (emphasis added). The ruling thus fails the Cohen test, which “disallow[s] appeal from any decision which is tentative, informal or incomplete.” 337 U. S., at 546; see Coopers & Lybrand v. Livesay, 437 U. S. 463, 469 (1978) (order denying class certification held not appealable under collateral order doctrine, in part because such an order is “subject to revision in the District Court”).
Moreover, the order denying the county commission’s summary judgment motion does not satisfy Cohen’s requirement that the decision be effectively unreviewable after final judgment. When we placed within the collateral order doctrine decisions denying pleas of government officials for qualified immunity, we stressed that an official’s qualified immunity is “an immunity from suit rather than a mere defense to liability; and like an absolute immunity, it is effectively lost if a case is erroneously permitted to go to trial.” Mitchell, 472 U. S., at 526 (emphasis in original).
[*43] The county commission invokes our decision in Monell, which held that municipalities are liable under § 1983 only for violations of federal law that occur pursuant to official governmental policy or custom. Monell, the commission contends, should be read to accord local governments a qualified right to be free from the burdens of trial. Accordingly, the commission maintains, the commission should be able to appeal immediately the District Court’s denial of its summary judgment motion. This argument undervalues a core point we reiterated last Term: “§ 1291 requires courts of appeals to view claims of a ‘right not to be tried’ with skepticism, if not a jaundiced eye,” Digital Equipment, 511 U. S., at 873, for “virtually every right that could be enforced appropriately by pretrial dismissal might loosely be described as conferring a ‘right not to stand trial,’” ibid.; cf. United States v. MacDonald, 435 U. S. 850, 858-859 (1978) (denial of pretrial motion to dismiss an indictment on speedy trial grounds held not appealable under collateral order doctrine).
The commission’s assertion that Sheriff Morgan is not its policymaker does not rank, under our decisions, as an immunity from suit. Instead, the plea ranks as a “mere defense to liability.” Mitchell, 472 U. S., at 526. An erroneous ruling on liability may be reviewed effectively on appeal from final judgment. Therefore, the order denying the county commission’s summary judgment motion was not an appeal-able collateral order.
Ill
Although the Court of Appeals recognized that the District Court’s order denying the county commission’s summary judgment motion was not appealable as a collateral order, the Circuit Court reviewed that ruling by assuming jurisdiction pendent to its undisputed jurisdiction to review the denial of the individual defendants’ summary judgment motions. Describing this “pendent appellate jurisdiction” as discretionary, the Eleventh Circuit concluded that judicial[*44] economy warranted its exercise in the instant case: “If the County Commission is correct about the merits in its appeal,” the court explained, “reviewing the district court’s order would put an end to the entire case against the County____” 5 F. 3d, at 1450. [2]
[*45] Petitioners join respondent Chambers County Commission in urging that the Eleventh Circuit had pendent appellate jurisdiction to review, the District Court’s order denying the commission’s summary judgment motion. Both sides emphasize that § 1291’s final decision requirement is designed to prevent parties from interrupting litigation by pursuing piecemeal appeals. Once litigation has already been interrupted by an authorized pretrial appeal, petitioners and the county commission reason, there is no cause to resist the economy that pendent appellate jurisdiction promotes. See Supplemental Brief for Petitioners 16-17; Supplemental Brief for Respondent 5, 9. Respondent county commission invites us to adopt a “‘liberafl]’” construction of § 1291, and petitioners urge an interpretation sufficiently “[practical” and “[flexible” to accommodate pendent appellate review as exercised by the Eleventh Circuit. See id., at 4; Supplemental Brief for Petitioners 14.
These arguments drift away from the statutory instructions Congress has given to control the timing of appellate proceedings. The main rule on review of “final decisions,”. § 1291, is followed by prescriptions for appeals from “interlocutory decisions,” § 1292. Section 1292(a) lists three cate[*46] gories of immediately appealable interlocutory decisions. [3] Of prime significance to the jurisdictional issue before us, Congress, in 1958, augmented the §1292 catalog of immediately appealable orders; Congress added a provision, § 1292(b), according the district courts circumscribed authority to certify for immediate appeal interlocutory orders deemed pivotal and debatable. Section 1292(b) provides:
“When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order. The Court of Appeals which would have jurisdiction of an appeal of such action may thereupon, in its discretion, permit an appeal to be taken from such order, if application is made to it within ten days after the entry of the order: Provided, however, That application for an appeal hereunder shall not stay proceedings in the district court unless the district judge or the Court of Appeals or a judge thereof shall so order.”
[*47] Congress thus chose to confer on district courts first line discretion to allow interlocutory appeals. [4] If courts of appeals had discretion to append to a Cohen-authorized appeal from a collateral order further rulings of a kind neither independently appealable nor certified by the district court, then the two-tiered arrangement § 1292(b) mandates would be severely undermined. [5]
[*48] Two relatively recent additions to the Judicial Code also counsel resistance to expansion of appellate jurisdiction in the manner endorsed by the Eleventh Circuit. The Rules Enabling Act, 28 U. S. C. § 2071 et seq., gives this Court “the power to prescribe general rules of practice and procedure ... for cases in the United States district courts . . . and courts of appeals.” § 2072(a). In 1990, Congress added § 2072(c), which authorizes us to prescribe rules “defin[ing] when a ruling of a district court is final for the purposes of appeal under section 1291.” Two years later, Congress added § 1292(e), which allows us to “prescribe rules, in accordance with section 2072 ... to provide for an appeal of an interlocutory decision to the courts of appeals that is not otherwise provided for under [§ 1292] (a), (b), (c), or (d).”
Congress thus has empowered this Court to clarify when a decision qualifies as “final” for appellate review purposes, and to expand the list of orders appealable on an interlocutory basis. The procedure Congress ordered for such changes, however, is not expansion by court decision, but by rulemaking under § 2072. Our rulemaking authority is constrained by §§2073 and 2074, which require, among other things, that meetings of bench-bar committees established to recommend rules ordinarily be open to the public, § 2073(c)(1), and that any proposed rule be submitted to Congress before the rule takes effect, § 2074(a). Congress’ designation of the rulemaking process as the way to define or refine when a district court ruling is “final” and when an interlocutory order is appealable warrants the Judiciary’s full respect. [6]
[*49] Two decisions of this Court securely support the conclusion that the Eleventh Circuit lacked jurisdiction instantly to review the denial of the county commission’s summary judgment motion: Abney v. United States, 431 U. S. 651 (1977), and United States v. Stanley, 483 U. S. 669 (1987). In Abney, we permitted appeal before trial of an order denying a motion to dismiss an indictment on double jeopardy grounds. Immediate appeal of that ruling, we held, fit within the Cohen collateral order doctrine. 431 U. S., at 662. But we further held that the Court of Appeals lacked authority to review simultaneously the trial court’s rejection of the defendant’s challenge to the sufficiency of the indictment. Id., at 662-663. We explained:
“Our conclusion that a defendant may seek immediate appellate review of a district court’s rejection of his double jeopardy claim is based on the special considerations permeating claims of that nature which justify a departure from the normal rule of finality. Quite obviously, such considerations do not extend beyond the claim of formal jeopardy and encompass other claims presented to, and rejected by, the district court in passing on the accused’s motion to dismiss. Rather, such claims are appealable if, and only if, they too fall within Cohen’s collateral-order exception to the final-judgment rule. Any other rule would encourage criminal defendants to seek review of, or assert, frivolous double jeopardy claims in order to bring more serious, but otherwise nonappealable questions to the attention of the courts of appeals prior to conviction and sentence.” Id., at 663 (citation omitted).
Petitioners suggest that Abney should control in criminal cases only. Supplemental Brief for Petitioners 11. But the concern expressed in Abney — that a rule loosely allowing pendent appellate jurisdiction would encourage parties to[*50] parlay Cohen-type collateral orders into multi-issue interlocutory appeal tickets — bears on civil cases as well.
In Stanley, we similarly refused to allow expansion of the scope of an interlocutory appeal. That civil case involved an order certified by the trial court, and accepted by the appellate court, for immediate review pursuant to § 1292(b). Immediate appellate review, we held, was limited to the certified order; issues presented by other, noncertified orders could not be considered simultaneously. 483 U. S., at 676-677.
The parties are correct that we have not universally required courts of appeals to confine review to the precise decision independently subject to appeal. See, e. g., Thornburgh v. American College of Obstetricians and Gynecologists, 476 U. S. 747, 755-757 (1986) (Court of Appeals reviewing District Court’s ruling on preliminary injunction request properly reviewed merits as well); Eisen v. Carlisle & Jacquelin, 417 U. S. 156, 172-173 (1974) (Court of Appeals reviewing District Court’s order allocating costs of class notification also had jurisdiction to review ruling on methods of notification); Chicago, R. I. & P. R. Co. v. Stude, 346 U. S. 574, 578 (1954) (Court of Appeals reviewing order granting motion to dismiss properly reviewed order denying opposing party’s motion to remand); Deckert v. Independence Shares Corp., 311 U. S. 282, 287 (1940) (Court of Appeals reviewing order granting preliminary injunction also had jurisdiction to review order denying motions to dismiss). Cf. Schlagenhauf v. Holder, 379 U. S. 104, 110-111 (1964) (Court of Appeals exercising mandamus power should have reviewed not only whether District Court had authority to order mental and physical examinations of defendant in personal injury case, but also whether there was good cause for the ordered examinations).
We need not definitively or preemptively settle here whether or when it may be proper for a court of appeals, with jurisdiction over one ruling, to review, conjunctively,[*51] related rulings that are not themselves independently appealable. See supra, at 48 (describing provisions by Congress for rulemaking regarding appeals prior to the district court’s final disposition of entire case). The parties do not contend that the District Court’s decision to deny the Chambers County Commission’s summary judgment motion was inextricably intertwined with that court’s decision to deny the individual defendants’ qualified immunity motions, or that review of the former decision was necessary to ensure meaningful review of the latter. Cf. Kanji, The Proper Scope of Pendent Appellate Jurisdiction in the Collateral Order Context, 100 Yale L. J. 511, 530 (1990) (“Only where essential to the resolution of properly appealed collateral orders should courts extend their Cohen jurisdiction to rulings that would not otherwise qualify for expedited consideration.”). Nor could the parties so argue. The individual defendants’ qualified immunity turns on whether they violated clearly established federal law; the county commission’s liability turns on the allocation of law enforcement power in Alabama.
* * *
The Eleventh Circuit’s authority immediately to review the District Court’s denial of the individual police officer defendants’ summary judgment motions did not include authority to review at once the unrelated question of the county commission’s liability. The District Court’s preliminary ruling regarding the county did not qualify as a “collateral order,” and there is no “pendent party” appellate jurisdiction of the kind the Eleventh Circuit purported to exercise. We therefore vacate the relevant portion of the Eleventh Circuit’s judgment and remand the case for proceedings consistent with this opinion.
It is so ordered.
On Sheriff James C. Morgan’s suggestion for rehearing en banc, the Eleventh Circuit modified its opinion with respect to an issue not relevant here and denied rehearing en banc. 11 F. 3d 1030 (1994).
The Federal Courts of Appeals have endorsed the doctrine of pendent appellate jurisdiction, although they have expressed varying views about when such jurisdiction is properly exercised. See, e. g., Roque-Rodriguez v. Lema Moya, 926 F. 2d 103, 105, n. 2 (CA1 1991) (noting that the First Circuit has “refrained” from exercising pendent appellate jurisdiction, but characterizing the Circuit’s practice as “self-imposed”); Golino v. New Haven, 950 F. 2d 864, 868-869 (CA2 1991) (exercising discretion to consider otherwise nonappealable issues because sufficient overlap exists in the factors relevant to the appealable and nonappealable issues), cert. denied, 505 U. S. 1221 (1992); Natale v. Ridgefield, 927 F. 2d 101, 104 (CA2 1991) (“Only in exceptional circumstances should litigants, over whom this Court cannot ordinarily exercise jurisdiction, be permitted to ride on the jurisdictional coattails of another party."); National Union Fire Ins. Co. v. City Savings, F. S. B., 28 F. 3d 376, 382, and n. 4 (CA3 1994) (reserving question whether pendent appellate jurisdiction is available in any circumstances other than when “necessary to ensure meaningful review of an appealable order”) (internal quotation marks omitted); Roberson v. Mullins, 29 F. 3d 132, 136 (CA4 1994) (recognizing pendent appellate jurisdiction “if the issues involved in the two rulings substantially overlap and review will advance the litigation or avoid further appeals”) (internal quotation marks omitted); Silver Star Enterprises v. M/V SARAMACCA, 19 F. 3d 1008, 1014 (CA5 1994) (declining to exercise pendent appellate jurisdiction because otherwise nonappealable order was not “inextricably entwined” with appealable order); Williams v. Kentucky, 24 F. 3d 1526, 1542 (CA6 1994) (same); United States ex rel. Valders Stone & Marble, Inc. v. C-Way Constr. Co., 909 F. 2d 259, 262 (CA7 1990) (pendent appellate jurisdiction is proper only “[w]hen an ordinarily unappealable interlocutory order is inextricably entwined with an appealable order” and there are “compelling reasons” for immediate review; a “close relationship” between the two orders does not suffice) (internal quotation marks omitted); Drake v. Scott, 812 F. 2d 395, 399 (CA8) (“[Wjhen an interlocutory appeal is properly before us ... we have jurisdiction also to decide closely related issues of law.”), cert. denied, 484 U. S. 965 (1987); TransWorld Airlines, Inc. v. American Coupon Exchange, Inc., 913 F. 2d 676, 680 (CA9 1990) (jurisdiction under § 1291(a)(1) to review on an interlocutory basis a preliminary[*45] injunction order “extends to all matters ‘inextricably bound up’ with th[at] order”); Robinson v. Volkswagenwerk AG, 940 F. 2d 1369, 1374 (CA10 1991) (pendent appellate jurisdiction is properly exercised where “review of the appealable issue involves consideration of factors closely related or relevant to the otherwise nonappealable issue” and judicial economy is served by review), cert. denied, 502 U. S. 1091 (1992); Stewart v. Baldwin County Bd. of Ed., 908 F. 2d 1499, 1509 (CA11 1990) (“Pendent jurisdiction is properly exercised over nonappealable decisions of the district court when the reviewing court already has jurisdiction over one issue in the case.”); Consarc Corp. v. Iraqi Ministry, 27 F. 3d 695, 700 (CADC 1994) (“This Circuit has invoked [pendent appellate jurisdiction] only in a narrow class of cases, to review an interlocutory order that itself is not yet subject to appeal but is ‘closely related’ to an appealable order.”).
Section 1292(a) provides in relevant part:
“[T]he courts of appeals shall have jurisdiction of appeals from:
“(1) Interlocutory orders of the district courts ... granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions, except where a direct review may be had in the Supreme Court;
“(2) Interlocutory orders appointing receivers, or refusing orders to wind up receiverships or to take steps to accomplish the purposes thereof, such as directing sales or other disposals of property;
“(3) Interlocutory decrees of such district courts or the judges thereof determining the rights and liabilities of the parties to admiralty cases in which appeals from final decrees are allowed.”
When it passed § 1292(b), Congress had before it a proposal, by Jerome Frank of the Court of Appeals for the Second Circuit, to give the courts of appeals sole discretion to allow interlocutory appeals. Judge Frank had opposed making interlocutory appeal contingent upon procurement of a certificate from the district judge; he advanced instead the following proposal:
“ ‘It shall be the duty of the district judge to state in writing whether in his opinion the appeal is warranted; this statement shall be appended to the petition for appeal or, as promptly as possible after the filing of such petition in the court of appeals, shall be forwarded to said court by the district judge. The court of appeals shall take into account, but shall not be bound by, such statement in exercising its discretion.’” Undated letter from study committee to the Tenth Circuit Judicial Conference, in S. Rep. No. 2434, 85th Cong., 2d Sess., 8-9 (1958).
This case indicates how the initial discretion Congress lodged in district courts under § 1292(b) could be circumvented by the “liberal” or “flexible” approach petitioners and respondent prefer. The District Court here ruled only tentatively on the county commission’s motion and apparently contemplated receipt of further evidence from the parties before ruling definitively. See order denying motions to reconsider, App. to Pet. for Cert. 72a (“The parties will have an opportunity to convince this Court that Sheriff Morgan was or was not the final policy maker for the County, and the Court will make a ruling as a matter of law on that issue before the case goes to the jury.”); cf. Swint v. Wadley, 5 F. 3d 1435, 1452 (CA11 1993) (to determine whether an official is a final policymaker, a district court “should examine not only the relevant positive law ... but also the relevant customs and practices having the force of lauf’) (emphasis in original). In view of the incomplete state of the District Court’s adjudication, including some uncertainty whether plaintiffs meant to sue the county as discrete from the commission members, it is unlikely that a 11292(b) certification would have been forthcoming from the District Judge.
In the instant case, the Eleventh Circuit asserted not merely pendent appellate jurisdiction, but pendent party appellate jurisdiction: The court appended to its jurisdiction to review the denial of the individual defendants’ qualified immunity motions jurisdiction to review the denial of the commission’s summary judgment motion. We note that in 1990, Congress endeavored to clarify and codify instances appropriate for the exercise of pendent or “supplemental” jurisdiction in district courts. 28 U. S. C. § 1367 (1988 ed., Supp. V); see § 1367(a) (providing for “supplemen[*49] tal jurisdiction” over “claims that involve the joinder or intervention of additional parties”).