Display event - Manufactured Finality and the Final Judgment Rule

Manufactured Finality and the Final Judgment Rule

The final judgment rule is a well-accepted tenant of appellate procedural law. Federal courts of appeal have appellate jurisdiction over only “final decisions of the district courts. A final decision is one which ends the litigation on the merits and leaves nothing for the court to do but execute the judgment. In multi-party cases, it is not uncommon for orders on dispositive motions to adjudicate fewer than all pending causes of action. Such orders can tempt litigants and attorneys into the procedural trap of “manufactured finality”: the decision to dismiss by voluntary stipulation outstanding claims as a way to make an “end-run” around the final judgment rule. The problem arises where parties attempt to have their appeal heard while simultaneously saving for another day, post-appeal, the adjudication of other issues and claims in the case. Engaging in this “procedural sleight-of-hand” creates a dangerous situation where a litigant can lose both the right to appeal and the right to pursue further proceedings in the district court, thereby being deprived of any remedy at all.

What will you learn?

• What is the final judgment rule? When can a party generally seek an appeal? What are the exceptions to the final judgment rule (i.e. when can appeal be sought early on in a case)
• What is the significance of dismissal with and without prejudice for purposes of finality?
• What is “manufactured finality” and when can a litigant can lose both the right to appeal and the right to pursue further proceedings in the district court?
• What practical solutions are available to fix a prior mistake involving manufactured finality, if a case is still on appeal?

Who should attend?

• Appellate lawyers who want to make sure they are abreast of current law on manufactured finality
• Litigators who deal with appellate-related issues but who do not specialize in appeals
• Young lawyers who are interested in broadening their knowledge of appellate law

The registration rate is $75 for DRI members and $150 for non-members.

Program Date & Time: July 22, 2021 | 12:00 PM Central

Please review our event terms before registering: https://dri.org/about/event-terms

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Speaker
List Download
CLE Grid

When

7/22/2021 12:00 PM - 1:00 PM

Online registration not available.

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