Will v. Hallock, 546 U.S. 345 (2006). · Go Syfert
Will v. Hallock, 546 U.S. 345 (2006). Cases Citing This Book View Copy Cite
Quick Summary

Orders denying absolute, qualified, or Eleventh Amendment immunity are immediately appealable under the collaterally appealable order doctrine.

After a district court dismissed a suit against the United States under the Federal Tort Claims Act, plaintiffs filed a Bivens action against individual agents. The agents moved to dismiss the Bivens action based on the statutory judgment bar. The district court denied the motion, and the Court of Appeals asserted jurisdiction under the collateral order doctrine. The question is whether a refusal to apply the judgment bar is subject to collateral appeal. Under the collateral order doctrine, an order must conclusively determine a disputed question, resolve an important issue separate from the merits, and be effectively unreviewable on appeal. The Court holds that the judgment bar does not meet these stringent requirements.

2,387 citation events (2,387 in the last 25 years) across 59 distinct courts.
Strongest positive: Frias v. Hernandez (ca5, 2025-07-03) · Strongest negative: A. S. v. Karla Major (ca9, 2023-07-19)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" A. S. v. Karla Major
9th Cir. · 2023 · signal: but see · confidence high
But see Hensley v. United States, 531 F.3d 1052, 1057 (9th Cir. 2008) (“The doctrine [of equitable tolling] applies in situations where, despite all due diligence, [the party invoking the doctrine] is unable to obtain vital information bearing on the existence of the claim.” (citation and internal quotation marks omitted)). 3 delaying review “would imperil a substantial public interest” or “some particular value of a high order.” Will v. Hallock, 546 U.S. 345 , 352–53 (2006).
discussed Cited "but see" McIntyre v. United States (2×)
D. Mass. · 2006 · signal: but see · confidence high
But see Hallock v. Bonner, 387 F.3d 147, 155 (2nd Cir.2004) (distinguishing a judgment dismissing an FTCA claim for lack of subject matter jurisdiction, on the ground that such a claim was never a properly filed FTCA claim, and therefore should not require the application of the § 2676 judgment bar), rev’d on other grounds sub nom Will v. Hallock, — U.S. —, 126 S.Ct. 952 , 163 L.Ed.2d 836 (2006).
examined Cited as authority (verbatim quote) Frias v. Hernandez (3×) also: Cited as authority (rule)
5th Cir. · 2025 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
we have not mentioned applying the collateral order doctrine recently without emphasizing its modest scope," and "we have meant what we have said. . . .
examined Cited as authority (verbatim quote) United States v. Clarence Ward
11th Cir. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
and we have meant what we have said; although the court has been asked many times to expand the 'small class' of col- laterally appealable orders, we have instead kept it narrow and se- lective in its membership.
examined Cited as authority (verbatim quote) United States v. Stephen Daniel Leonard
11th Cir. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
and we have meant what we have said; although the court has been asked many times to expand the 'small class' of col- laterally appealable orders, we have instead kept it narrow and se- lective in its membership.
examined Cited as authority (verbatim quote) Timothy Burke v. United States
11th Cir. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
and we have meant what we have said; although the court has been asked many times to expand the 'small class' of collaterally appealable orders, we have instead kept it narrow and selective in its membership.
discussed Cited as authority (verbatim quote) Modern Font Applications LLC v. Alaska Airlines
Fed. Cir. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
emphasizing the doctrine's modest scope
examined Cited as authority (verbatim quote) Shoop v. Twyford
SCOTUS · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
although the court has been asked many times to expand the 'small class' of collaterally appealable orders, cite as: 596 u. s. ____ (2022) 3 breyer, j., dissenting we have instead kept it narrow and selective in its member- ship
examined Cited as authority (verbatim quote) Farmland Partners v. Fortunae (3×) also: Cited as authority (quoted), Cited as authority (rule)
10th Cir. · 2021 · quote attribution · 2 verbatim quotes · confidence high
and we have meant what we have said; although the court has been asked many times to expand the 'small class' of collaterally appealable orders, we have instead kept it narrow and selective in its membership.
discussed Cited as authority (verbatim quote) SMILEDIRECTCLUB, LLC v. Tanja D. Battle
11th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
we have not mentioned applying the collateral order doctrine recently without emphasizing its modest scope.
discussed Cited as authority (verbatim quote) Ocwen Loan Servicing, LLC.
S.D. Tex. · 2019 · quote attribution · 1 verbatim quote · confidence high
emphasizing the collateral order doctrine's modest scope
examined Cited as authority (verbatim quote) Kell v. Benzon (6×) also: Cited as authority (quoted), Cited as authority (rule)
10th Cir. · 2019 · signal: see · quote attribution · 4 verbatim quotes · confidence high
we have meant what we have said; although the court has been asked many times to expand the 'small class' of collaterally appealable orders, we have instead kept it narrow and selective in membership.
examined Cited as authority (verbatim quote) Solarcity Corp. v. Salt River Project Ai&p Dist. (4×) also: Cited "see"
9th Cir. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is not mere avoidance of a trial, but avoidance of a trial that would imperil a substantial public interest, that counts when asking whether an order is 'effectively' unreviewable if review is to be left until later.
examined Cited as authority (verbatim quote) Cobra Natural Resources, LLC v. Federal Mine Safety & Health Review (4×) also: Cited as authority (rule), Cited "see"
4th Cir. · 2014 · quote attribution · 1 verbatim quote · confidence high
and we have meant what we have said
examined Cited as authority (verbatim quote) Cobra Natural Resources, LLC v. Federal Mine Safety & Health Review Commission (11×) also: Cited as authority (quoted), Cited as authority (rule), Cited "see"
4th Cir. · 2014 · quote attribution · 2 verbatim quotes · confidence high
and we have meant what we have said
discussed Cited as authority (verbatim quote) Holocaust Victims of Bank Thef v. Erste Group Bank (2×) also: Cited "see"
7th Cir. · 2012 · signal: see also · quote attribution · 1 verbatim quote · confidence high
we have not mentioned applying the collateral order doctrine recently without emphasizing its modest scope
examined Cited as authority (verbatim quote) Wissam Al-Quraishi v. L-3 Services, Incorporated (4×) also: Cited as authority (rule), Cited "see"
4th Cir. · 2011 · signal: see also · quote attribution · 1 verbatim quote · confidence high
we have not mentioned apply- ing the collateral order doctrine recently without emphasizing its modest scope.
examined Cited as authority (verbatim quote) Gilmore v. Palestinian Interim
D.D.C. · 2010 · quote attribution · 1 verbatim quote · confidence high
it is not mere avoidance of a trial, but avoidance of a trial that would imperil a substantial public interest, that counts when asking whether an order is 'effectively' unreviewable if review is to be left until later.
examined Cited as authority (verbatim quote) Mohawk Industries, Inc. v. Carpenter (6×) also: Cited as authority (rule), Cited "see, e.g."
SCOTUS · 2009 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
emphasizing the doctrine's mod est scope
examined Cited as authority (verbatim quote) Gupta v. Thai Airways International, Ltd. (4×) also: Cited as authority (rule), Cited "see"
9th Cir. · 2007 · signal: see · quote attribution · 1 verbatim quote · confidence high
the rule of respecting a prior judgment by giving a defense against relitigation has not been thought to protect values so great that only immediate appeal can effectively vindicate them.
examined Cited as authority (verbatim quote) Subir Gupta v. Thai Airways International, Ltd. (12×) also: Cited as authority (rule), Cited "see"
9th Cir. · 2007 · signal: see · quote attribution · 2 verbatim quotes · confidence high
the rule of respecting a prior judgment by giving a defense against relitigation has not been thought to protect values so great that only immediate appeal can effectively vindicate them.
examined Cited as authority (verbatim quote) South Carolina State Board of Dentistry v. Federal Trade Commission (6×) also: Cited as authority (quoted), Cited "see"
4th Cir. · 2006 · signal: see also · quote attribution · 4 verbatim quotes · confidence high
it is not mere avoidance of a trial, but avoidance of a trial that would imperil a substantial public interest, that counts when asking whether an order is 'effectively' unreviewable if review is to be left until later.
examined Cited as authority (quoted) Vivos Therapeutics. v. Ortho-Tain (3×) also: Cited as authority (rule)
10th Cir. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is not mere avoidance of a trial, but avoidance of a trial that would imperil a substantial public interest, that counts when asking whether an order is 'effectively' unreviewable if review is to be left until 6 appellate case: 24-1061 document: 71-1 date filed: 07/08/2025 pag…
discussed Cited as authority (quoted) Alemayehu v. Gemignani
10th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence low
the court has cautioned that absent a constitutional or statutory provision securing the right at stake, it will be difficult for a party to demonstrate immediate review is necessary.
examined Cited as authority (quoted) Petersen Energía Inversora S.A.U. v. Argentine Republic & YPF S.A. (3×)
2d Cir. · 2018 · signal: see · quote attribution · 3 verbatim quotes · confidence high
as a general matter, denials of a motion to dismiss are not appealable as 'final decisions' of the district courts under 28 u.s.c. 1291 .
examined Cited as authority (quoted) United States v. Sinovel Wind Group Co., Ltd (5×) also: Cited "see"
7th Cir. · 2015 · signal: see · quote attribution · 3 verbatim quotes · confidence high
we have meant what we have said; although the court has been asked many times to expand the 'small class' of collaterally appealable orders, we have instead kept it narrow and selective in its membership.
examined Cited as authority (quoted) Holocaust Victims of v. Erste Group Bank (5×) also: Cited "see"
7th Cir. · 2012 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
we have not mentioned applying the collateral order doctrine recently without emphasizing its modest scope
examined Cited as authority (quoted) Holocaust Victims of v. OTP Bank (5×) also: Cited "see"
7th Cir. · 2012 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
we have not mentioned applying the collateral order doctrine recently without emphasizing its modest scope
examined Cited as authority (quoted) Al-Quraishi v. L-3 Services, Inc. (18×) also: Cited "see"
4th Cir. · 2011 · signal: see also · quote attribution · 6 verbatim quotes · confidence low
we have not mentioned applying the collateral order doctrine recently without emphasizing its modest scope.
examined Cited as authority (quoted) Gilmore v. Palestinian Interim Self-Government Authority (3×)
D.D.C. · 2010 · quote attribution · 3 verbatim quotes · confidence low
it is not mere avoidance of a trial, but avoidance of a trial that would imperil a substantial public interest, that counts when asking whether an order is 'effectively' unreviewable if review is to be left until later.
examined Cited as authority (quoted) Miccosukee Tribe of Indians v. South Florida Water Management District (3×)
11th Cir. · 2009 · quote attribution · 3 verbatim quotes · confidence low
we have not mentioned applying the collateral order doctrine recently without emphasizing its modest scope.
examined Cited as authority (quoted) United States v. Goff (4×) also: Cited as authority (rule), Cited "see, e.g."
6th Cir. · 2006 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
a criminal defendant may collaterally appeal an adverse ruling on a defense of double jeopardy ....
discussed Cited as authority (rule) Jefferson v. Moore (2×) also: Cited "see"
10th Cir. · 2026 · confidence medium
But the Supreme Court has recognized the collateral-order doctrine, interpreting § 1291 to accommodate interlocutory appeals from “a small class of rulings, not concluding the litigation, but conclusively resolving claims of right separable from, and collateral to, rights asserted in the action.” Will v. Hallock, 546 U.S. 345, 349 (2006) (internal quotation marks omitted).
discussed Cited as authority (rule) Mahmoud Khalil v. President United States of America
3rd Cir. · 2026 · confidence medium
To the contrary, we should recognize that “human rights do not cower before the speculative perils of duplicative litigation.” Suri v. Trump, No. 25-1560, 2025 WL 1806692 , at *1 n.1 (4th Cir. July 1, 2025). 5 Yet even as it acknowledges that a claim challenging a detainee’s excessively long detention or deprivation of “insulin, halal, or kosher food” would not ‘arise from’ the detainee’s removal proceedings under § 1252(b)(9) and would therefore be reviewable, Khalil, 5 See also Lexmark Int’l, Inc. v. Static Control Components, Inc., 572 U.S. 118, 128 (2014) (Scalia, J.) (�…
discussed Cited as authority (rule) Comanche Nation v. Ware
10th Cir. · 2026 · confidence medium
Will v. Hallock, 546 U.S. 345, 349 (2006) (characterizing the doctrine “not as an exception 6 Appellate Case: 24-6221 Document: 46-1 Date Filed: 04/21/2026 Page: 7 to the final decision rule laid down by Congress in § 1291, but as a practical construction of it”).
discussed Cited as authority (rule) John Doe v. University of Southern Indiana (2×)
7th Cir. · 2026 · confidence medium
Moreover, while decisions about using a pseudonym can be appealed as collateral orders, that is so only because such orders must “resolve an important issue completely separate from the merits of the action.” Massachusetts Inst. of Technology, 46 F.4th at 65 , quoting Will v. Hallock, 546 U.S. 345, 349 (2006) (emphasis added).
discussed Cited as authority (rule) Secretary of Labor v. Knight Hawk Coal, LLC
D.C. Cir. · 2026 · confidence medium
It follows that an order is not “effectively unreviewable” simply because the order imposes burdens that “are only imperfectly reparable by appellate reversal.” Id. at 872 . 10 In recent years, the Supreme Court has repeatedly declined to “expand the ‘small class’ of collaterally appealable orders,” preferring instead to keep “it narrow and selective in its membership.” Will v. Hallock, 546 U.S. 345, 350 (2006).
examined Cited as authority (rule) Monte Rose, Jr. v. Robert F. Kennedy Jr. (3×)
D.C. Cir. · 2026 · confidence medium
Under the collateral-order doctrine, a district-court order qualifies for immediate appeal if it: “(1) conclusively determine[s] the disputed question, (2) resolve[s] an important issue completely separate from the merits of the action, and (3) [is] effectively unreviewable on appeal from a final judgment.” Will v. Hallock, 546 U.S. 345, 349 (2006) (cleaned up).
examined Cited as authority (rule) Geo Group, Inc. v. Menocal (4×) also: Cited "see", Cited "see, e.g."
SCOTUS · 2026 · confidence medium
That so-called collateral-order doctrine, we have since underscored, is “narrow,” “strin- gent,” and of “modest scope.” Digital Equipment Corp. v. Desktop Direct, Inc., 511 U. S. 863, 868 (1994); Will v. Hal- lock, 546 U. S. 345, 350 (2006).
cited Cited as authority (rule) Stabil LLC v. Russian Federation
D.C. Cir. · 2026 · confidence medium
Will v. Hallock, 546 U.S. 345, 350 (2006); see also Digital Equip.
discussed Cited as authority (rule) Cluster Holdco, LLC, et al. v. Allison D. Byman, as Chapter 7 Trustee, et al.
S.D. Tex. · 2026 · confidence medium
The Supreme Court has established three requirements for immediate appealability under the collateral-order doctrine: the order must “[1] conclusively determine the disputed question, [2] resolve an important issue completely separate from the merits of the action, and [3] be effectively unreviewable on appeal from a final judgment.” Will, 546 U.S. at 349 (cleaned up).
discussed Cited as authority (rule) APM Terminals Mobile, LLC v. International Longshoremen's Association, AFL-CIO
11th Cir. · 2025 · confidence medium
The Supreme Court has consistently “emphasiz[ed]” that the collateral-order doctrine is “modest [in] scope.” Will v. Hallock, 546 U.S. 345, 350 (2006) (citing Digit.
examined Cited as authority (rule) Gopher Media LLC v. Melone (3×)
9th Cir. · 2025 · confidence medium
We reach this conclusion because such an order does not resolve issues “completely separate from the merits of the action” and does not render the decision “effectively unreviewable on appeal from a final judgment.” Will v. Hallock, 546 U.S. 345, 349 (2006) (quoting P.R.
discussed Cited as authority (rule) Estate of Jill Ann Esche v. Bunuel-Jordana (2×)
9th Cir. · 2025 · confidence medium
Under the collateral order doctrine, however, the Supreme Court has construed “final decisions” to include “a narrow class of decisions that do not terminate the litigation, but are sufficiently important and collateral to the merits that they should nonetheless be treated as final.” Will v. Hallock, 546 U.S. 345, 347 (2006) (citation modified).
discussed Cited as authority (rule) Bobrick Washroom Equipment Inc v. Scranton Products Inc
3rd Cir. · 2025 · confidence medium
Post-judgment orders that seal materials in perpetuity, such as the August 2023 order, are final and appealable. 28 U.S.C. § 1291 grants us jurisdiction over “appeals from all final decisions of the district courts.” Under the collateral order doctrine, we give § 1291 “a practical construction.” Will v. Hallock, 546 U.S. 345, 349 (2006) (citation omitted).
cited Cited as authority (rule) Emily Odermatt v. The Mount Sinai Hospital, Mount Sinai Health System, Inc., and Mount Sinai Hospitals Group, Inc.
S.D.N.Y. · 2025 · confidence medium
State Dept. of Law, 812 F.3d 268, 273 (2d Cir. 2016) (quoting Will v. Hallock, 546 U.S. 345, 349 (2006)) (alterations adopted).
cited Cited as authority (rule) Hebrew v. TDCJ
5th Cir. · 2025 · confidence medium
P. 56 (providing procedure for summary judgment). 6 Tracy v. Lumpkin, 43 F.4th 473 , 475–76 (5th Cir. 2022) (quoting Will v. Hallock, 546 U.S. 345, 349 (2006)) (cleaned up). 3
discussed Cited as authority (rule) In Re: Terrorist Attacks on Sept. 11, 2001 (2×)
2d Cir. · 2025 · confidence medium
To qualify as an immediately appealable collateral ruling, an order must “[1] conclusively determine the disputed question, [2] resolve an important issue completely separate from the merits of the action, and [3] be effectively unreviewable on appeal from a final judgment.” 9 Will v. Hallock, 546 U.S. 345, 349 (2006) (quotation marks omitted).
discussed Cited as authority (rule) Leise v. Christie
2d Cir. · 2025 · confidence medium
Leise cross- appeals the district court’s dismissal of his claims as to the VHRC and, by extension, the official capacity claims against Christie and Yang, on the ground that the district court erred by 6 concluding that the VHRC is an arm of the state of Vermont and thus entitled to sovereign immunity.4 Courts of appeals have the authority under 28 U.S.C. § 1291 to “review all final decisions of the district courts.” Will v. Hallock, 546 U.S. 345, 347 (2006) (internal quotation marks and citation omitted). “[A] district court’s denial of a motion to dismiss, which leaves the contro…
examined Cited as authority (rule) Marcus Boone v. City of Elizabeth (4×) also: Cited "see"
3rd Cir. · 2025 · confidence medium
In addition to our final-order jurisdiction, the collateral order doctrine gives us appellate jurisdiction over “a narrow class of decisions that do not terminate the litigation, but are sufficiently important and collateral to the merits that they should nonetheless be treated as final.” Will v. Hallock, 546 U.S. 345, 347 (2006) (cleaned up).
Retrieving the full opinion text from the archive…
WILL Et Al.
v.
HALLOCK Et Al.
04-1332.
Supreme Court of the United States.
Jan 18, 2006.
546 U.S. 345
2006 U.S. LEXIS 911
2006 WL 119141
Douglas Hallward-Driemeier argued the cause for petitioners. With him on the brief were Solicitor General Clement, Assistant Attorney General Keisler, Deputy Solicitor General Kneedler, and Barbara L. Herwig., Allison M. Zieve argued the cause for respondents. With her on the brief were Brian Wolfman and Scott L. Nelson.
Souter.
Cited by 516 opinions  |  Published
12 passages pin-cited by 14 cases
Pinpoint authority: #7,404 of 633,719
Citer courts: Fourth Circuit (9) · Seventh Circuit (9) · Tenth Circuit (6) · Eleventh Circuit (3) · Second Circuit (3) · District of Columbia (3) · Sixth Circuit (2)
Justice Souter

delivered the opinion of the Court.

The authority of the Courts of Appeals to review “all final decisions of the district courts,” 28 U. S. C. § 1291, includes appellate jurisdiction over “a narrow class of decisions that do not terminate the litigation,” but are sufficiently important and collateral to the merits that they should “nonetheless be treated as final,” Digital Equipment Corp. v. Desktop Direct, Inc., 511 U. S. 863, 867 (1994) (internal quotation marks omitted). The issue here is whether a refusal to apply the judgment bar of the Federal Tort Claims Act is open to collateral appeal. We hold it is not.

I

The complaint alleges that Susan Hallock owned a computer software business that she and her husband, Richard, operated from home. After information about Richard Hal-lock’s credit card was stolen and used to pay the subscription fee for a child pornography Web site, agents of the United States Customs Service, investigating the Web site, traced[*348] the payment to Richard Hallock’s card and got a warrant to search the Halloeks’ residence. With that authority, they seized the Halloeks’ computer equipment, software, and disk drives. No criminal charges were ever brought, but the Government’s actions produced a different disaster. When the computer equipment was returned, several of the disk drives were damaged, all of the stored data (including trade secrets and account files) were lost, and the Halloeks were forced out of business.

In July 2002, Susan Hallock and her company brought an action against the United States under the Federal Tort Claims Act, invoking the waiver of sovereign immunity, 28 U. S. C. § 1346, and alleging negligence by the customs agents in executing the search. The merits of the claim were never addressed, for the District Court granted the Government’s motion to dismiss, holding that the agents’ activities occurred in the course of detaining goods and thus fell within an exception to the Act’s waiver of sovereign immunity, § 2680(e). Hallock v. United States, 253 F. Supp. 2d 361 (NDNY 2003).

While the suit against the Government was still pending, Susan Hallock filed this action against the individual agents under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971), alleging in her complaint that the agents had damaged her computers and thus deprived her of property including business income in violation of the Due Process Clause of the Fifth Amendment. After the District Court dismissed the first suit against the Government, the agents moved for judgment in the Bivens action, citing the judgment bar of the Tort Claims Act, that “the judgment in an action under [§] 1346(b) of this title shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the government whose act or omission gave rise to the claim.” § 2676.

The District Court denied the motion, holding that dismissal of the action against the. Government under the Tort[*349] Claims Act was solely on a procedural ground, and thus failed to raise the judgment bar. Hallock v. Bonner, 281 F. Supp. 2d 425, 427 (NDNY 2008). The Court of Appeals for the Second Circuit affirmed, after first finding jurisdiction under the collateral order doctrine. Hallock v. Bonner, 387 F. 3d 147 (2004). We granted certiorari to consider the judgment bar, 545 U. S. 1103 (2005), but now vacate for want of appellate jurisdiction on the part of the Court of Appeals.

II

The collateral order doctrine, identified with Cohen v. Beneficial Industrial Loan Corp., 337 U. S. 541 (1949), is “best understood not as an exception to the ‘final decision’ rule laid down by Congress in § 1291, but as a ‘practical construction’ of it.” Digital Equipment, supra, at 867 (quoting Cohen, supra, at 546). Whereas 28 U. S. C. § 1291 “gives courts of appeals jurisdiction over ‘all final decisions’ of district courts” that are not directly appealable to us, Behrens v. Pelletier, 516 U. S. 299, 305 (1996), the collateral order doctrine accommodates a “small class” of rulings, not concluding the litigation, but conclusively resolving “claims of right separable from, and collateral to, rights asserted in the action,” ibid, (internal quotation marks omitted). The claims are “too important to be denied review and too independent of the cause itself to require that appellate consideration be deferred until the whole case is adjudicated.” Cohen, supra, at 546.

The requirements for collateral order appeal have been distilled down to three conditions: that an order “ ‘[1] conclusively determine the disputed question, [2] resolve an important issue completely separate from the merits of the action, and [3] be effectively unreviewable on appeal from a final judgment.’ ” Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc., 506 U. S. 139, 144 (1993) (quoting Coopers & Lybrand v. Livesay, 437 U. S. 463, 468 (1978)). The conditions are “stringent,” Digital Equipment, supra, [*350] at 868 (citing Midland Asphalt Corp. v. United States, 489 U. S. 794, 799 (1989)), and unless they are kept so, the underlying doctrine will overpower the substantial finality interests § 1291 is meant to further: judicial efficiency, for example, and the “sensible policy ‘of avoiding] the obstruction to just claims that would come from permitting the harassment and cost of a succession of separate appeals from the various rulings to which a litigation may give rise.’” Firestone Tire & Rubber Co. v. Risjord, 449 U. S. 368, 374 (1981) (quoting Cobbledick v. United States, 309 U. S. 323, 325 (1940)).

Accordingly, we have not mentioned applying the collateral order doctrine recently without emphasizing its modest scope. See, e. g., Digital Equipment, 511 U. S., at 868 (“[T]he ‘narrow’ exception should stay that way and never be allowed to swallow the general rule that a party is entitled to a single appeal, to be deferred until final judgment has been entered ...” (citation omitted)). And we have meant what we have said; although the Court has been asked many times to expand the “small class” of collaterally appeal-able orders, we have instead kept it narrow and selective in its membership.

A

Prior cases mark the line between rulings within the class and those outside. On the immediately appealable side are orders rejecting absolute immunity, Nixon v. Fitzgerald, 457 U. S. 731, 742 (1982), and qualified immunity, Mitchell v. Forsyth, 472 U. S. 511, 530 (1985). A State has the benefit of the doctrine to appeal a decision denying its claim to Eleventh Amendment immunity, Puerto Rico Aqueduct, supra, at 144-145, and a criminal defendant may collaterally appeal an adverse ruling on a defense of double jeopardy, Abney v. United States, 431 U. S. 651, 660 (1977).

The examples admittedly raise the lawyer’s temptation to generalize. In each case, the collaterally appealing party was vindicating or claiming a right to avoid trial, in satisfaction of the third condition: unless the order to stand trial was[*351] immediately appealable, the right would be effectively lost. Those seeking immediate appeal therefore naturally argue that any order denying a claim of right to prevail without trial satisfies the third condition. But this generalization is too easy to be sound and, if accepted, would leave , the final order requirement of § 1291 in tatters. We faced this prospect in Digital Equipment, supra, an appeal from an order rescinding a settlement agreement: Petitioner asserted a “ ‘right not to stand trial’ requiring protection by way of immediate appeal,” analogizing the rescission to a denial of immunity. Id., at 869. We said no, however, lest “every right that could be enforced appropriately by pretrial dismissal [be] loosely ... described as conferring a ‘right not to stand trial.’” Id., at 873. Otherwise, “almost every pretrial or trial order might be called ‘effectively unreviewable’ in the sense that relief from error can never extend to rewriting history.” Id., at 872.

“Allowing immediate appeals to vindicate every such right would move § 1291 aside for claims that the district court lacks personal jurisdiction, that the statute of limitations has run, that the movant has been denied his Sixth Amendment right to a speedy trial, that an action is barred on claim preclusion principles, that no material fact is in dispute and the moving party is entitled to judgment as a matter of law, or merely that the com: plaint fails to state a claim. Such motions can be made in virtually every case.” Id., at 873 (citations omitted).

B

Since only some orders denying an asserted right to avoid the burdens of trial qualify, then, as orders that cannot be reviewed “effectively” after a conventional final judgment, the cases have to be combed for some further characteristic that merits appealability under Cohen; and as Digital Equipment explained, that something further boils down to “a judgment about the value of the interests that would be[*352] lost through rigorous application of. a final judgment requirement.” 511 U. S., at 878-879 (citing Van Cauwenberghe v. Biard, 486 U. S. 517, 524 (1988)). See also Lauro Lines s.r.l. v. Chasser, 490 U. S. 495, 502 (1989) (SCALIA, J., concurring) (“The importance of the right asserted has always been a significant part of our collateral order doctrine”).

Thus, in Nixon, supra, we stressed the “compelling public ends,” id., at 758, “rooted in . . . the separation of powers,” id., at 749, that would be compromised by failing to allow immediate appeal of a denial of absolute Presidential immunity, id., at 743, 752, n. 32. In explaining collateral order treatment when a qualified immunity claim was at issue in Mitchell, supra, we spoke of the threatened disruption of governmental functions, and fear of inhibiting able people from exercising discretion in public service if a full trial were threatened whenever they acted reasonably in the face of law that is not “clearly established.” Id., at 526. Puerto Rico Aqueduct, 506 U. S. 139, explained the immediate ap-pealability of an order denying a claim of Eleventh Amendment immunity by adverting not only to the burdens of litigation but to the need to ensure vindication of a State’s dignitary interests. Id., at 146. And although the double jeopardy claim given Cohen treatment in Abney, supra, did not implicate a right to be free of all proceedings whatsoever (since prior jeopardy is essential to the defense), we described the enormous prosecutorial power of the Government to subject an individual “to embarrassment, expense and ordeal . . . compelling him to live in a continuing state of anxiety,” id., at 661-662 (internal quotation marks omitted); the only way to alleviate these consequences of the Government’s superior position was by collateral order appeal.

In each case, some particular value of a high order was marshaled in support of the interest in avoiding trial: honoring the separation of powers, preserving the efficiency of government and the initiative of its officials, respecting a State’s dignitary interests, and mitigating the government’s[*353] advantage over the individual. That is, it is not mere avoidance of a trial, but avoidance of a trial that would imperil a substantial public interest, that counts when asking whether an order is “effectively” unreviewable if review is to be left until later. Coopers & Lybrand, 437 U. S., at 468 (internal quotation marks omitted).

C

Does the claim of the customs agents in this case serve such a weighty public objective that the judgment bar should be treated as an immunity demanding the protection of a collateral order appeal? One can argue, of course, that if the Bivens action goes to trial the efficiency of Government will be compromised and the officials burdened and distracted, as in the qualified immunity case: if qualified immunity gets Cohen treatment, so should the judgment bar to further litigation in the aftermath of the Government’s success under the Tort Claims Act. But the cases are different. Qualified immunity is not the law simply to save trouble for the Government and its employees; it is recognized because the burden of trial is unjustified in the face of a colorable claim that the law on point was not clear when the official took action, and the action was reasonable in light of the law as it was. The nub of qualified immunity is the need to induce officials to show reasonable initiative when the relevant law is not “clearly established,” Harlow v. Fitzgerald, 457 U. S. 800, 818 (1982); ef. Saucier v. Katz, 533 U. S. 194, 202 (2001); a quick resolution of a qualified immunity claim is essential.

There is, however, no such public interest at stake simply because the judgment bar is said to be applicable. It is not the preservation of initiative but the avoidance of litigation for its own sake .that supports the judgment bar, and if simply abbreviating litigation troublesome to Government employees were important enough for Cohen treatment, collateral order appeal would be a matter of right whenever the Government lost a motion to dismiss under the Tort[*354] Claims Act, or a federal officer lost one on a Bivens action, or a state official was in that position in a case under 42 U. S. C. §1983, or Ex parte Young, 209 U. S. 123 (1908). In effect, 28 U. S. C. § 1291 would fade out whenever the Government or an official lost an early round that could have ended the fight.

Another difference between qualified immunity and the judgment bar lies in the bar’s essential procedural element. While a qualified immunity claim is timely from the moment an official is served with a complaint, the judgment bar can be raised only after a case under the Tort Claims Act has been resolved in the Government’s favor. If a Bivens action alone is brought, there will be no possibility of a judgment bar, nor will there be so long as a Bivens action against officials and a Tort Claims Act against the Government are pending simultaneously (as they were for a time here). In the present case, if Susan Hallock had brought her Bivens action and no other, the agents could not possibly have invoked the judgment bar in claiming a right to be free of trial. The closer analogy to the judgment bar, then, is not immunity but the defense of claim preclusion, or res judicata.

Although the statutory judgment bar is arguably broader than traditional res judicata, it functions in much the same way, with both rules depending on a prior judgment as a condition precedent * and neither reflecting a. policy that a defendant should be scot free of any liability. The concern behind both rules is a different one, of avoiding duplicative litigation, “multiple suits on identical entitlements or obligations between the same parties.” 18 C. Wright, A. Miller, &[*355] E. Cooper, Federal Practice and Procedure § 4402, p. 9 (2d ed. 2002) (internal quotation marks omitted). But this rule of respecting a prior judgment by giving a defense against relitigation has not been thought to protect values so great that only immediate appeal can effectively vindicate them. As we indicated in Digital Equipment, in the usual case, absent particular reasons for discretionary appeal by leave of the trial court, a defense of claim preclusion is fairly subordinated to the general policy of deferring appellate review to the moment of final judgment. 511 U. S., at 873.

The judgment bar at issue in this case has no claim to greater importance than the typical defense of claim preclusion; and we hold true to form in deciding what Digital Equipment implied, that an order rejecting the defense of judgment bar under 28 U. S. C. § 2676 cries for no immediate appeal of right as a collateral order.

We vacate the judgment of the Court of Appeals and remand the case with instructions to dismiss the appeal for lack of jurisdiction.

It is so ordered.

*

The right to be free of double jeopardy is subject to an analogous condition, that jeopardy have attached in a prior proceeding, Monge v. California, 524 U. S. 721, 728 (1998), a characteristic that distinguishes the Fifth Amendment right from other immunities mentioned above. But, as we explained, double jeopardy deserves immunity treatment under §1291 owing to the enormous advantage of a Government prosecutor who chooses to go repeatedly against an individual.