Geo Group, Inc. v. Menocal · ¶14

GEO immediately fled an appeal, but the Court of Appeals for the Tenth Circuit dismissed it for lack of jurisdiction. See 2024 WL 4544184 (Oct. 22, 2024). Appellate jurisdiction, the court explained, seldom extends to an order that does not terminate the litigation at issue. Such an order qualifes for interlocutory review only if it satisfes three conditions deriving from this Court's decision in Cohen v. Bene fcial Industrial Loan Corp., 337 U. S. 541 (1949). And an order denying Yearsley protection, the Tenth Circuit held, does not do so. The court saw no need to address the first or third Cohen conditions because it concluded that a Years ley denial funked the second: Such a ruling is not (as Cohen demands) “completely separate from the merits” of the suit. 2024 WL 4544184, *7. That is because, the court reasoned, an inquiry into what the Government instructed the contractor to do is…

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