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· 6/12/2012

Brian Elliott v. Archdiocese New York

Citations

  • 682 F.3d 213
  • 82 Fed. R. Serv. 3d 797
  • 2012 WL 2099684
  • 2012 U.S. App. LEXIS 11882

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding relief under Rule 54(b) is “the exception, not the rule, to the usual course of proceedings in a district court”
  • examining the language of analogous Federal Rule of Civil Procedure 54(b) and concluding that the district court simply must articulate that it has made a determination that there is no just reason for delay
  • “Generally, an order which terminates fewer than all claims pending in an action or claims against fewer than all the parties to an action does not constitute a ‘final’ order for purposes of 28 U.S.C. § 1291.”
  • “[W]here an order purports to certify a judgment as final under Rule 54(b) but lacks the express determination that the rule requires, a court of appeals lacks jurisdiction over the order because it is not a ‘final’ judgment under either Rule 54(b
  • “The District Court here failed to state in its order that it had determined that there was ‘no just reason for delay’ and it failed to use any other language of indisputably similar effect. Accordingly, the order did not properly certify the judgment under Rule 54(b).”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hardiman, Greenaway, Greenberg

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.