A plaintiff files a lawsuit in federal district court against a defendant, alleging two distinct claims: (1) breach of contract and (2) a related tort. After discovery, the court grants the defendant's motion for summary judgment on the tort claim, dismissing it with prejudice. The breach of contract claim, however, remains pending for trial. The plaintiff wants to appeal the dismissal of the tort claim immediately. Under what circumstances is the summary judgment order immediately appealable?
The order is immediately appealable as a matter of right because it is a final decision regarding the tort claim.
Only if the appellate court grants discretionary review under 28 U.S.C. § 1292(b) because it involves a controlling question of law.
The plaintiff must wait to appeal until the breach of contract claim is fully adjudicated, without any exception.
Only if the district court expressly determines there is no just reason for delay and directs entry of a final judgment on the tort claim.
Under the final judgment rule, codified at 28 U.S.C. § 1291, appeals are generally permitted only from final judgments that dispose of all claims against all parties. An order that resolves fewer than all claims, like the partial summary judgment here, is considered interlocutory and not immediately appealable. However, an important exception exists under Federal Rule of Civil Procedure 54(b). This rule allows the district court to direct the entry of a final judgment on one or more (but not all) of the claims if the court expressly determines that there is 'no just reason for delay'. Therefore, the plaintiff can only appeal the partial summary judgment immediately if the court provides this specific certification under Rule 54(b).
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