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Civil Procedure –appeal
By: WISCONSIN LAW JOURNAL STAFF//January 15, 2014//
Listen to this articleU.S. Supreme Court
Civil
Civil Procedure –appeal
Even if attorney fees are an element of damages, an unresolved attorney’s fee issue does not prevent judgment on the merits from being final.
This case has instructive similarities to Budinich v. Becton Dickinson & Co., 486 U. S. 196. There, this Court held a district court judgment to be a “final decision” for §1291 purposes despite an unresolved motion for statutory-based attorney’s fees, noting that fee awards do not remedy the injury giving rise to the action, are often available to the defending party, and were, at common law, an element of “costs” awarded to a prevailing party, not a part of the merits judgment. Id., at 200. Even if laws authorizing fees might sometimes treat them as part of the merits, considerations of “operational consistency and predictability in the overall application of §1291” favored a “uniform rule.” Id., at 202.
695 F.3d 1, reversed and remanded.
12-992 Ray Haluch Gravel Co. v. Central Pension Fund
Kennedy, J.
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