No. 24-758
The GEO Group, Inc. v. Alejandro Menocal, et al.
Tags: 28-USC-1291 appellate-jurisdiction collateral-order final-judgment government-contractor sovereign-immunity
Latest Conference:
2025-05-29
(distributed 2 times)
Question Presented (from Petition)
Under 28 U.S.C. § 1291, the courts of appeals "have jurisdiction of appeals from all final decisions of the district courts." This Court has held that certain orders are immediately appealable under Section 1291 even though they do not terminate the litigation. Such "collateral orders" include orders denying claims of absolute immunity, qualified immunity, and state sovereign immunity.
The question presented, which has divided the circuit courts 5-3, is whether an order denying a government contractor's claim of derivative sovereign immunity is immediately appealable under the collateral-order doctrine.
Question Presented (AI Summary)
Whether an order denying a government contractor's claim of derivative sovereign immunity is immediately appealable under the collateral-order doctrine
Docket Entries
2026-02-25
Judgment is AFFIRMED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Gorsuch, Kavanaugh, Barrett, and Jackson, JJ., joined, and in which Thomas, J., joined as to Parts I and III. Thomas, J., filed an opinion concurring in part and concurring in the judgment. Alito, J., filed an opinion concurring in the judgment.
2025-11-10
Argued. For petitioner: Dominic E. Draye, Washington, D. C. For respondents: Jennifer D. Bennett, San Francisco, Cal.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
2025-10-15
Reply of petitioner The GEO Group, Inc. filed. (Distributed)
2025-10-15
Reply of The GEO Group, Inc. submitted.
2025-10-14
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2025-09-30
CIRCULATED
2025-09-30
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
2025-09-25
Letter of respondent Alejandro Menocal, et al. filed.
2025-09-25
consent to request for divided argument of Alejandro Menocal, et al. submitted.
2025-09-25
Response of Alejandro Menocal, et al. to motion submitted.
2025-09-22
Motion of United States for leave to participate in oral argument and for divided argument submitted.
2025-09-22
Brief amicus curiae of Erwin Chemerinsky filed.
2025-09-22
Amicus brief of United States submitted.
2025-09-22
Amicus brief of Erwin Chemerinsky submitted.
2025-09-22
Amicus brief of Citizens for Responsibility and Ethics in Washington submitted.
2025-09-22
Amicus brief of American Federation of State, County and Municipal Employees submitted.
2025-09-22
Amicus brief of American Association for Justice submitted.
2025-09-22
Amicus brief of Roderick & Solange MacArthur Justice Center, Institute for Justice, Cato Institute submitted.
2025-09-22
Amicus brief of Public Citizen submitted.
2025-09-22
Brief amici curiae of Roderick & Solange MacArthur Justice Center, et al. filed.
2025-09-22
Brief amicus curiae of American Association for Justice filed.
2025-09-22
Brief amicus curiae of United States filed.
2025-09-22
Brief amicus curiae of Citizens for Responsibility and Ethics in Washington filed.
2025-09-22
Brief amicus curiae of Public Citizen filed.
2025-09-22
Brief amicus curiae of Professor Erwin Chemerinsky filed.
2025-09-22
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2025-09-22
Brief amicus curiae of American Federation of State, County and Municipal Employees filed. (Distributed)
2025-09-15
Brief of respondents Alejandro Menocal, et al. filed.
2025-09-15
Brief of Alejandro Menocal, et al. submitted.
2025-09-05
Record received from the United States Court of Appeals for the 10th Circuit and available with the Clerk. The record is electronic and is available on PACER.
2025-08-25
Record received electronically from the United States District Court for the District of Colorado and available with the Clerk.
2025-08-21
Record requested from the United States Court of Appeals for the Tenth Circuit.
2025-08-12
SET FOR ARGUMENT on Monday, November 10, 2025.
2025-08-07
Brief amicus curiae of MVM, Inc. filed.
2025-08-07
Brief amicus curiae of Professor Alexander Volokh filed.
2025-08-07
Brief amicus curiae of Professional Services Council filed.
2025-08-07
Brief amicus curiae of Alexander Volokh filed.
2025-08-07
Amicus brief of Alexander Volokh submitted.
2025-08-07
Amicus brief of MVM, Inc. submitted.
2025-08-07
Amicus brief of Chamber of Commerce of the United States submitted.
2025-08-07
Amicus brief of The Professional Services Council submitted.
2025-08-07
Amicus brief of Coalition for Common Sense in Government Procurement submitted.
2025-08-07
Brief amicus curiae of Chamber of Commerce of the United States filed.
2025-08-07
Brief amicus curiae of The Professional Services Council filed.
2025-08-07
Brief amicus curiae of Coalition for Common Sense in Government Procurement filed.
2025-08-06
Brief amicus curiae of Nevada Hospital Association filed.
2025-08-06
Amicus brief of Nevada Hospital Association submitted.
2025-07-31
Brief of petitioner The GEO Group, Inc. filed.
2025-07-31
Brief of The GEO Group, Inc. submitted.
2025-07-18
Motion to dispense with printing the joint appendix filed by petitioner The GEO Group, Inc.
2025-07-18
Motion of The GEO Group, Inc. to dispense with joint appendix submitted.
2025-06-24
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 31, 2025. The time to file respondents' brief on the merits is extended to and including September 15, 2025.
2025-06-20
Motion of The GEO Group, Inc. for an extension of time submitted.
2025-06-20
Motion for an extension of time within which to file the briefs on the merits filed.
2025-06-02
Petition GRANTED.
2025-05-27
DISTRIBUTED for Conference of 5/29/2025.
2025-05-06
DISTRIBUTED for Conference of 5/22/2025.
2025-05-02
Reply of petitioner The GEO Group, Inc. filed. (Distributed)
2025-05-02
Reply of The GEO Group, Inc. submitted.
2025-04-21
Brief of respondents Alejandro Menocal, et al. in opposition filed.
2025-04-21
Brief of Alejandro Menocal, et al. in opposition submitted.
2025-03-14
Motion to extend the time to file a response is granted and the time is further extended to and including April 21, 2025.
2025-03-13
Motion to extend the time to file a response from March 20, 2025 to April 21, 2025, submitted to The Clerk.
2025-03-13
Motion of Alejandro Menocal, et al. for an extension of time submitted.
2025-02-14
Brief amicus curiae of Renown Health filed.
2025-02-14
Brief amicus curiae of Professional Services Council filed.
2025-02-14
Brief amicus curiae of The Professional Services Council filed.
2025-02-14
Amicus brief of The Professional Services Council submitted.
2025-02-14
Amicus brief of Renown Health submitted.
2025-02-05
Motion to extend the time to file a response is granted and the time is extended to and including March 20, 2025.
2025-02-04
Motion of Alejandro Menocal, et al. for an extension of time submitted.
2025-02-04
Motion to extend the time to file a response from February 18, 2025 to March 20, 2025, submitted to The Clerk.
2025-01-13
Petition for a writ of certiorari filed. (Response due February 18, 2025)
Attorneys
Alejandro Menocal, et al.
Jennifer Dale Bennett — Gupta Wessler LLP, Respondent
Alexander Volokh
Alexander Volokh — Emory Law School, Amicus
American Association for Justice
American Federation of State, County and Municipal Employees
Georgina Catherine Yeomans — AFSCME, Amicus
Chamber of Commerce of the United States
Michael Robert Huston — Perkins Coie LLP, Amicus
Citizens for Responsibility and Ethics in Washington
Coalition for Common Sense in Government Procurement
Nicole A. Saharsky — Mayer Brown LLP, Amicus
Erwin Chemerinsky
MVM, Inc.
Public Citizen
Renown Health
Roderick & Solange MacArthur Justice Center, Institute for Justice, Cato Institute
The GEO Group, Inc.
Dominic Emil Draye — Greenberg Traurig LLP, Petitioner
The Professional Services Council
Daniel L Russell Jr. — Covington & Burling LLP, Amicus
United States
D. John Sauer — Solicitor General, Amicus