The D.C. Circuit Declines to Extend Collateral-Order Review to Certain Immunity-Related Jurisdictional Discovery Orders

An order denying immunity from suit is generally immediately appealable under the collateral-order doctrine.  But what about an order requiring jurisdictional discovery before the district court decides whether immunity applies?  In Rodriguez v. Pan American Health Organization, No. 24-7135 (D.C. Cir. Aug. 14, 2026), the D.C. Circuit held that such a discovery order was not immediately appealable, rejecting an approach that could have opened the door to interlocutory appeals over each step used to resolve an immunity defense.

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