Effective Unreviewability

Definition

One of the three requirements for the collateral order doctrine: the right at issue must be one that would be effectively lost forever if the party is forced to wait until after trial to appeal. For true immunities from suit, the right not to be tried at all is destroyed the moment trial begins.

Examples

• •GEO argues that like qualified immunity, the right to avoid trial entirely as a government contractor would be irretrievably lost if appeal must wait until after trial. Respondents counter that under Will v. Hallock, mere litigation burden is insufficient.

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