Appeals

Questions about appeals show up both on the MBE and on the MEE. Interlocutory appeals is one such area and things can get complex when there are multiple claims/multiple parties involved.

The general rule is that appeals from the decisions of federal district courts can only be taken when there is a final judgment in the case. This is unsurprisingly called the "final judgment rule," and it requires that appeals are taken only once all issues in the suit have been finally determined by the district court. 

But when multiple claims/parties are involved, a question might present in which at least one but not all of the claims have reached a conclusion. And then it's not as easy to determine whether there has been a "final judgment" such that an appeal is allowable. 

We're given guidance in the Federal Rules. A district court decision adjudicating fewer than all the claims in an action is not final unless the district court (1): expressly determines that there is no just cause for delay; and (2): directs entry of a final judgment. Ultimately, the appellate court will have the final decision as to whether the appeal is appropriate.

These questions will often turn on the term "no just reason for delay." The district court judge will make this determination with an inquiry into the following factors:

~the length of time it might take to resolve the case

~the hardship to a party if an immediate appeal is not allowed

~the relationship between the claims that have concluded and the claims that have not yet concluded

~whether the appeal can be fairly decided even though other issues in the case have not yet been adjudicated.

As is apparent, both judicial administrative interests as well as more general equitable points are considered. Consider when approaching such questions whether not allowing an immediate appeal of a given claim (among a group of claims) would be unfair to the litigants, while also considering the more practical administrative consequences of allowing or disallowing an immediate appeal.