Final Judgment Rule (28 U.S.C. § 1291)
“The courts of appeals shall have jurisdiction of appeals from all final decisions of the district courts of the United States …”
The default rule: courts of appeals have jurisdiction only over final district court decisions — orders that end the litigation on the merits and leave nothing for the court to do but execute the judgment.
”Final Decision” Defined
Catlin v. United States (1945): a final decision is one that “ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.” Generally requires:
- A ruling disposing of all claims against all parties, OR
- Certification under Rule 54(b) (partial final judgment as to fewer than all claims/parties)
Policy Rationale
- Prevents piecemeal appeals
- Conserves judicial resources
- Allows district courts to complete the full record
Exceptions (see § 1292)
Interlocutory appeals are available in limited circumstances. See Interlocutory Appeals (28 U.S.C. § 1292).
Collateral order doctrine (Cohen v. Beneficial Industrial Loan Corp., 1949): an interlocutory order is immediately appealable if it:
- Conclusively resolves the disputed question
- Resolves an important question completely separate from the merits
- Would be effectively unreviewable on appeal from a final judgment