Childs v. San Diego Family Housing, LLC, No. 20-56049 (9th Cir. January 14, 2022) (J. Ikuta) https://cdn.ca9.
Dismissal of defense of derivative sovereign immunity can be addressed on appeal after judgement on the merits so collateral order doctrine does not apply.
Here while factors one and two are met here the third is not. There is no reason this case can't be decided on its merits where following a final judgment the issue regarding the applicability of derivative sovereign immunity could be raised on appeal. Therefore the 9th Circuit has no jurisdiction to hear this appeal at this time.
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