“High Court May Soon Untangle Appellate Quagmire in Consolidated Cases”
The statutory right to appeal an adverse judgment is a critical litigation weapon. Yet, litigants must grapple with more than just the merits of their appeals. They must also overcome numerous procedural hurdles just to get their feet into the appellate courtroom doors. This article explores one such obstacle to appellate review in federal courts—the often overlooked or misunderstood Federal Rule of Civil Procedure 54(b)—application of which, in consolidated cases, has resulted in a circuit split that may soon be resolved by the Supreme Court.