Which statement best describes the purpose of 28 U.S.C. § 1292(b) interlocutory appeals?

Which statement best describes the purpose of 28 U.S.C. § 1292(b) interlocutory appeals?

• A. It permits immediate appellate review of certain non-final district court orders that involve questions of law.
• B. It mandates that all interlocutory orders be reviewed by the appellate court.
• C. It applies only to judgments that are final for purposes of trial.
• D. It allows appeals on any order at any time during litigation.

Answer: (A)

Interlocutory review under 28 U.S.C. § 1292(b) is a narrow, discretionary path for appealing non-final district court orders. The statute allows an immediate appeal only when the district court certifies that the order involves a controlling question of law, there is substantial ground for difference of opinion on that question, and the appeal may materially advance the ultimate termination of the litigation. Importantly, the appeal isn’t automatic—the circuit and the district judge must both agree to certify the issue for review, and it applies only to specific non-final orders, not to all of them. This is why the best description is that it permits immediate appellate review of certain non-final district court orders that involve questions of law.

Interlocutory review under 28 U.S.C. § 1292(b) is a narrow, discretionary path for appealing non-final district court orders. The statute allows an immediate appeal only when the district court certifies that the order involves a controlling question of law, there is substantial ground for difference of opinion on that question, and the appeal may materially advance the ultimate termination of the litigation. Importantly, the appeal isn’t automatic—the circuit and the district judge must both agree to certify the issue for review, and it applies only to specific non-final orders, not to all of them. This is why the best description is that it permits immediate appellate review of certain non-final district court orders that involve questions of law.