Interlocutory Appeal

An interlocutory appeal is a request for a higher court to review a specific ruling made by the trial judge before the case has reached a final verdict. Unlike a normal appeal, which happens after trial, it interrupts the case to resolve an important legal question right away. Courts generally allow these appeals only in limited circumstances, because they can pause or slow down the underlying lawsuit.

Origin

"Interlocutory" comes from the Latin interloqui, "to speak between," referring to rulings made between the start and end of a case. The modern federal framework in the U.S. traces largely to the Interlocutory Appeals Act of 1958 (28 U.S.C. § 1292(b)), which gave federal trial judges authority to certify certain questions for immediate appellate review.

Significance in Asbestos Context

In asbestos cases, an interlocutory appeal often arises around issues that can decide the entire outcome, for example, whether a defendant can be sued in that state (personal jurisdiction), whether the case belongs in state or federal court (remand orders), whether a plaintiff's expert on causation will be allowed to testify, or whether a trust-claim or bankruptcy issue applies. For patients, the practical effect is usually delay: the trial date may be pushed back while the appellate court decides the question, which matters because many asbestos plaintiffs are seriously ill. Some states have expedited or "preference" procedures that limit how much an interlocutory appeal can slow down a dying plaintiff's case, and your legal team should be ready to invoke them.

Example Sentence

After the judge ruled that the plaintiff's pathologist could testify that chrysotile exposure caused her mesothelioma, the manufacturer filed an interlocutory appeal seeking to exclude that opinion before trial began.

Related Terms

Final Judgment Rule, Appellate Court, Stay of Proceedings, Trial Preference, Daubert Motion, Personal Jurisdiction

Notes

• If you have a serious diagnosis such as mesothelioma, ask your attorney whether your state allows a "trial preference" or expedited schedule that limits how long an interlocutory appeal can delay your trial.
• Ask your legal team to explain in plain terms what issue is being appealed, whether the trial is paused ("stayed") during the appeal, and the realistic timeline before trial can resume.
• Keep your treating physicians informed if an appeal causes major delay; updated medical records and, where appropriate, a preserved video deposition (de bene esse) can protect your testimony if your health declines.
• Interlocutory appeals can be filed by either side; do not assume a delay means your case is weakening. Often it reflects a defendant trying to undo a favorable ruling.