Also known as:no just reason to delay · FRCP 54(b) · Rule 54(b) certification
Written by attorneys · grounded in primary & secondary sources — see below
A determination by a district court that immediate appellate review of a partial judgment is appropriate in multi-claim or multi-party litigation. The determination permits entry of a final judgment as to one or more but fewer than all claims or parties. Without the determination any order adjudicating fewer than all claims or parties remains interlocutory and subject to revision.
Sources & Authorities
How it applies
Common Examples
2
Dismissal of One Defendant in Multi-Party Suit
Harbor Lights Foundation sued Dana Cole and Spark Events for misappropriation of gala funds. The district court dismissed all claims against Spark Events while breach of fiduciary duty and accounting claims against Cole remained pending. Spark Events filed a notice of appeal from the dismissal order. Because the court made no express determination of no just reason for delay, the order stayed interlocutory and the appeal was dismissed for lack of jurisdiction.
Partial Judgment on Distinct Contract Claims
Curtiss-Wright sued General Electric on twenty-one separate contracts for nuclear components. The district court entered judgment on two contracts after finding them fully resolved and expressly determined that there was no just reason for delay. General Electric appealed the partial judgment. The Supreme Court upheld appellate jurisdiction because the district court had made the required determination and the claims were sufficiently distinct.
Put it into practice
Test Yourself
10
Practice Questions5
· 2 primary sources
Select any source to read its text and confirm it supports the definition.
Federal Rules
Hornbooks
Study Supplements
Curtiss Wright Corp. v. General Elec. Co.446 U.S. 1, 10–11 (1980)
Common questions
Frequently Asked
4
When does an order resolving fewer than all claims or parties become appealable?+
An order resolving fewer than all claims or parties becomes appealable only when the district court expressly directs entry of judgment and determines that there is no just reason for delay. Absent that determination the order remains interlocutory and subject to revision at any time before final judgment on all claims and parties.
Supporting sources
Does full resolution of all claims against one defendant automatically create a final judgment?+
No. Full resolution of claims against one defendant does not create a final judgment when other claims or parties remain. The district court must still make an express determination of no just reason for delay before the order supports an immediate appeal.
Supporting sources
What factors does a court weigh when deciding whether to find no just reason for delay?+
A court weighs judicial administrative interests and the equities involved, including the separability of the resolved claims, factual overlap with remaining claims, and the risk of piecemeal appellate review. The determination must be supported by reasoned findings on the record.
Supporting sources
Can a district court label an order immediately enforceable without making the required determination?+
No. Language that an order is immediately enforceable does not substitute for an express determination that there is no just reason for delay. Without the required finding the order remains nonfinal even if labeled enforceable.
Supporting sources
Civil ProcedureAppealability and review · Final judgment ruleNEXTGENFoundational