A federal district court enters an order granting partial summary judgment, dismissing only one of the plaintiff's three claims. The court does not certify the order for immediate appeal under Rule 54(b). The plaintiff wishes to immediately appeal the dismissal of that claim. Can the plaintiff do so?
- ANo, because summary judgment orders are never immediately appealable.
- BYes, but only if the court of appeals grants permission for an interlocutory appeal.
- CYes, because any order dismissing a claim is a final decision and immediately appealable.
- DNo, because the order is not a final judgment adjudicating all claims and rights of all parties.
Show answer & explanationAnswer & explanation
Correct answer: D. No, because the order is not a final judgment adjudicating all claims and rights of all parties.
Under the 'final judgment rule' (28 U.S.C. § 1291), appellate courts generally only have jurisdiction over 'final decisions' of the district courts. A final decision is one that ends the litigation on the merits, leaving nothing for the court to do but execute the judgment. An order granting partial summary judgment, dismissing only one of several claims without a Rule 54(b) certification, is not a final judgment and therefore not immediately appealable.
Why the other options are wrong
- A. Summary judgment orders can be immediately appealable if they resolve all claims against all parties, or if certified under Rule 54(b).
- B. While interlocutory appeals are possible (28 U.S.C. § 1292(b)), they require specific conditions and certification by both the district court and the court of appeals, which is not stated here.
- C. This is incorrect. Dismissal of one claim among others, without certification, is not a final appealable order.
Final Judgment Rule (Appeals)
Under 28 U.S.C. § 1291, federal appellate courts generally have jurisdiction only over 'final decisions' of the district courts. A final decision is one that disposes of all claims against all parties in the lawsuit, leaving nothing for the district court to do but execute the judgment.
- Promotes judicial efficiency by avoiding piecemeal appeals.
- Orders granting partial summary judgment are typically not final.
- Exceptions exist: Rule 54(b) certification, interlocutory appeals, collateral order doctrine.
Memory trick: Appeal Only When It's Final, Unless a Special Rule Says Go.