Doni , As you notice in this important article and several of others in rare situation
the defendant and judge can approach interlocutory appeals. However before such a decision they should think twice on the basis of significant expense and burden of heavy work load on the court.
Again the reason for significant work load is due to when those reach to the point of appeal it is not going to be one appeal but multiple appeals just on the basis of the meaning of the "WORDS".
For that reason both side refrain from the appeal and decide the case conclude at district level ,that ultimately directed to high likelihood of pre-trial settlement.
