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:

  1. Conclusively resolves the disputed question
  2. Resolves an important question completely separate from the merits
  3. Would be effectively unreviewable on appeal from a final judgment

Courses