Appealing an Otherwise Non-Final Order Under FRCP 54(b)

By July 16, 2007March 8th, 2019Interlocutory Appeals, Jurisdiction

How Appealing blogger and Law.com correspondent Howard J. Bashman has this thoughtful commentary on the ups and downs of trying to get an otherwise-unappealable federal district court order certified as final under Federal Rule of Civil Procedure 54(b).  If you have issues unrelated to the remaining portion of the case and immediate appellate review (as opposed to waiting for a final judgment) would be beneficial, Rule 54(b) provides a procedural vehicle for obtaining that review.  As Mr. Bashman points out, however, the necessary commitment of time and expense, with no guarantee of review or a change in result, may be a prohibiting factor.