Estate of Robin Grant Kennedy v. Bell Helicopter Textron, Inc., and Garlick Helicopters, Inc.

Because I believe that, in asserting jurisdiction over this appeal from a non-final order denying summary judgment, the ma*1113jority impermissibly expands the collateral order doctrine, I respectfully dissent. Our holding today carves out a special and unwarranted exception with indeterminate boundaries, with the result that any time Congress enacts a statute of repose, defendants within the covered industry wield the added advantage in litigation of piecemeal review.

The majority expands the collateral order doctrine by erroneously interpreting the General Aviation Revitalization Act (“GARA”),1…