[El Gato]

It would avoid the appeal process for the defendants.

My understanding is that denial of a motion to dismiss is not appeal-able. Granting one is.

But I've not researched to see if that is indeed the case. It sort of makes sense though.

[Seizethecarp]

“My understanding is that denial of a motion to dismiss is not appeal-able. Granting one is.”

My understanding is that in the event of a denial of the motion to dismiss it is the order of discovery that would be appealable by the DOJ...and of course it would then be appealed.