This week, the Court addressed two questions of appellate
jurisdiction, holding there is no right to immediate appellate
review of a district court's denial of derivative sovereign
immunity or of a fact-bound district court order certified for
review under section 1292(b).
CHILDS v. SAN DIEGO FAMILY HOUSING
LLC
The Court holds that a denial of derivative sovereign immunity
is not immediately appealable under the collateral order
doctrine.
Panel: Judges Ikuta, Bennett, and Nelson, with
Judge Ikuta writing the opinion.
Key Highlight: "Our conclusion in
Alaska that the interest served by federal sovereign
immunity (i.e., giving the government a defense to payment of
damages) 'may be served equally well if review follows a final
judgment on the merits,' is applicable to parties claiming
derivative sovereign immunity. . . . And our
reasoning in Rodriguez that the interest served by the
government contractor immunity (i.e., giving contractors a shield
from
