Will v. Hallock

Summary

The Supreme Court held that an order refusing to apply the Federal Tort Claims Act's judgment bar is not immediately appealable under the collateral order doctrine. The Court distinguished the judgment bar from immunities such as qualified immunity and characterized it as more analogous to claim preclusion, which ordinarily may be reviewed after final judgment. The Court vacated the Court of Appeals' judgment and remanded with instructions to dismiss for lack of appellate jurisdiction.

Holdings

1. An order rejecting the Federal Tort Claims Act judgment bar under 28 U.S.C. § 2676 is not immediately appealable as a collateral order.
2. The FTCA judgment bar is not entitled to collateral-order treatment as an immunity.

Questions Presented

1. Whether an order refusing to apply the Federal Tort Claims Act judgment bar is immediately appealable under the collateral order doctrine.
2. Whether the FTCA judgment bar is sufficiently analogous to an immunity or otherwise protects an interest of such importance that denial of the defense is effectively unreviewable after final judgment.

Disposition

vacated