Supreme Court of the United States · Official docket →
The GEO Group, Inc. v. Alejandro Menocal, et al.
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 22-1409 · judgment October 22, 2024
Before the decision, about 4.5× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
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.
Counsel of record
For petitioner
Dominic Emil Draye
Greenberg Traurig LLP
For respondent
Jennifer Dale Bennett
Gupta Wessler LLP
Case
Conference history
Distributed for 2 conferences
Amicus briefs
2 cert-stage · 13 merits
(6 supporting pet./neither, 7 respondent)
Argument & decision
Argued November 10, 2025 — Dominic E. Draye · Jennifer D. Bennett. Audio and transcript
Decided February 25, 2026. Opinion by Kagan.
Proceedings
- Mar 30 2026Judgment Issued.
- Feb 25 2026Judgment 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.
- Nov 10 2025Argued. 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.)
- Oct 15 2025Reply of petitioner The GEO Group, Inc. filed. (Distributed)
- Oct 14 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Sep 30 2025Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- Sep 30 2025CIRCULATED
- Sep 25 2025Letter of respondent Alejandro Menocal, et al. filed.
- Sep 22 2025Amicus brief of Citizens for Responsibility and Ethics in Washington not accepted for filing. (Corrected version to be efiled - September 22, 2025)
- Sep 22 2025Brief amici curiae of Roderick & Solange MacArthur Justice Center, et al. filed.
- Sep 22 2025Brief amicus curiae of Professor Erwin Chemerinsky filed.
- Sep 22 2025Brief amicus curiae of American Association for Justice filed.
- Sep 22 2025Brief amicus curiae of United States filed.
- Sep 22 2025Brief amicus curiae of Citizens for Responsibility and Ethics in Washington filed.
- Sep 22 2025Brief amicus curiae of Public Citizen filed.
- Sep 22 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Sep 22 2025Brief amicus curiae of American Federation of State, County and Municipal Employees filed. (Distributed)
- Sep 15 2025Brief of respondents Alejandro Menocal, et al. filed.
- Sep 05 2025Record 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.
- Aug 25 2025Record received electronically from the United States District Court for the District of Colorado and available with the Clerk.
- Aug 21 2025Record requested from the United States Court of Appeals for the Tenth Circuit.
- Aug 12 2025SET FOR ARGUMENT on Monday, November 10, 2025.
- Aug 07 2025Brief amicus curiae of Chamber of Commerce of the United States filed.
- Aug 07 2025Brief amicus curiae of Professional Services Council filed.
- Aug 07 2025Brief amicus curiae of Coalition for Common Sense in Government Procurement filed.
- Aug 07 2025Brief amicus curiae of Professor Alexander Volokh filed.
- Aug 07 2025Brief amicus curiae of MVM, Inc. filed.
- Aug 06 2025Brief amicus curiae of Nevada Hospital Association filed.
- Jul 31 2025Brief of petitioner The GEO Group, Inc. filed.
- Jul 18 2025Motion to dispense with printing the joint appendix filed by petitioner The GEO Group, Inc.
- Jun 24 2025Motion 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.
- Jun 20 2025Motion for an extension of time within which to file the briefs on the merits filed.
- Jun 02 2025Petition GRANTED.
- May 27 2025DISTRIBUTED for Conference of 5/29/2025.
- May 06 2025DISTRIBUTED for Conference of 5/22/2025.
- May 02 2025Reply of petitioner The GEO Group, Inc. filed. (Distributed)
- Apr 21 2025Brief of respondents Alejandro Menocal, et al. in opposition filed.
- Mar 14 2025Motion to extend the time to file a response is granted and the time is further extended to and including April 21, 2025.
- Mar 13 2025Motion to extend the time to file a response from March 20, 2025 to April 21, 2025, submitted to The Clerk.
- Feb 14 2025Brief amicus curiae of Professional Services Council filed.
- Feb 14 2025Brief amicus curiae of Renown Health filed.
- Feb 05 2025Motion to extend the time to file a response is granted and the time is extended to and including March 20, 2025.
- Feb 04 2025Motion to extend the time to file a response from February 18, 2025 to March 20, 2025, submitted to The Clerk.
- Jan 13 2025Petition for a writ of certiorari filed. (Response due February 18, 2025)