Geo Group, Inc. v. Menocal · ¶38

I agree with the Court that the defense conferred by Year sley v. W. A. Ross Constr. Co., 309 U. S. 18 (1940), is not an “immunity from suit.” I therefore agree that an order denying a Yearsley defense is not a “collateral order” subject to immediate appeal. But I would not rest these conclusions solely on the fact that Yearsley's applicability “turn[s] on [the defendant's] conduct's legality.” Ante, at 445. Under the collateral-order doctrine, defendants may sometimes appeal the denial of a defense immediately when doing so is necessary to vindicate important constitutional or public-policy interests. And this rule holds true even if the defense at issue turns on the legality of the defendant's conduct. Thus, I cannot join the opinion of the Court, but I concur in the judgment because deferring appellate review of Yearsley rulings until final judgment does not imperil important…

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