Geo Group, Inc. v. Menocal · ¶36
I concur in Parts I and III of the Court's opinion and in its judgment. I agree with the Court that Yearsley v. W. A. Ross Constr. Co., 309 U. S. 18 (1940), and similar decisions establish a defense from liability and not an immunity from suit. See ante, at 448–449. Orders rejecting Yearsley defenses are therefore unlike the orders denying immunities that this Court has already held to be immediately appealable. Because no other statute or rule authorized an interlocutory appeal here, the Court correctly affirms the Tenth Circuit's dismissal. I do not join Part II because “[w]e need not, and in my view should not, further justify our holding by applying” the collateral-order doctrine established by Cohen v. Benefcial Industrial Loan Corp., 337 U. S. 541 (1949). Mo hawk Industries, Inc. v. Carpenter, 558 U. S. 100, 115 (2009) (Thomas, J., concurring in part and concurring in judgment). I…Read in context ›
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