Appellate jurisdiction is the first question in every appeal. Sometimes it’s the dispositive question. And it's a notoriously messy area of law. When lawyers encounter an appellate-jurisdiction issue—whether it's their first or fiftieth—they would often benefit from a little help.
That's where we come in.
Final Decisions PLLC is an appellate boutique and consultancy that focuses on federal appellate jurisdiction. We partner with lawyers facing appellate-jurisdiction issues, working together to succeed on appeal. Whether serving as consultants or co-counsel, Final Decisions PLLC is an invaluable member of an appellate team.
The Firm
Our firm has knowledge and experience that cannot be found elsewhere. We combine this background with sound appellate strategy, comprehensive research, insightful analysis, and persuasive advocacy.
Learn more about Final Decisions PLLCBryan Lammon
Final Decisions PLLC was founded by Bryan Lammon, an appellate lawyer and law professor who has spent his career studying the jurisdiction of federal appellate courts.
Learn more about Bryan LammonFinal Decisions PLLC offers a range of specialized services designed to assist clients with complex jurisdictional issues and achieve winning results on appeal.
Exhaustive Research, Insightful Analysis
We come to every case with an unparalleled background in the law of appellate jurisdiction. But that is only the starting point. We add comprehensive research and thorough analysis to find the best possible path to your desired outcome.
Consulting
We advise lawyers who prefer to handle their own briefing and argument. In these instances, our work provide provides the foundation that lawyers need to craft the best arguments for their clients.
Counsel
We stand ready to join litigation teams as co-counsel. In these cases, we use our experience in appellate advocacy to transform our research and analysis into clear, concise, and convincing arguments in both written briefs and at oral argument.
“The court needs—more, is entitled to—the scrupulous assistance of the bar in determining jurisdiction. Jurisdiction is the first question in every appeal. The appellant must investigate jurisdictional factors before appealing and explain those factors fully to the court.”
Blog
The Final Decisions Blog covers decisions and developments in the world of federal appellate jurisdiction.
Announcing Final Decisions PLLC
I’m thrilled to announce the creation of Final Decisions PLLC, an appellate boutique and consultancy focused on appellate jurisdiction. Through it, I hope to partner with lawyers facing complex appellate-jurisdiction issues. Almost six years ago, I started the Final Decisions blog as a way to keep on top of developments in the world of appellate […]
Continue reading....Qualified-Immunity Appeals & the Merits
In New Albany Main Street Properties v. Watco Companies, LLC, the Sixth Circuit held that it could not review a decision granting leave to amend as part of a qualified-immunity appeal. The leave-to-amend decision was not itself immediately appealable. Nor could it tag along with the denial of immunity (which technically involved qualified immunity under […]
Continue reading....Arbitration, Immunity & the Collateral-Order Doctrine
In Ashley v. Clay County, the Fifth Circuit held that a municipal defendant could appeal a district court’s refusal to resolve an immunity defense despite the district court’s ordering arbitration.
Continue reading....The Misnomer of Appellate “Standing”
Courts sometimes suggest that would-be appellants must establish appellate standing by showing that the appealed decision injured the would-be appellant. When the appealing party cannot show this injury, these courts think that they have lost Article III jurisdiction. But as a recent opinion from the D.C. Circuit’s Judge Pillard explained, that’s not quite right. Judge […]
Continue reading....Decertifying a Certified Appeal Under § 1292(b)
In Silverthorne Seismic, L.L.C. v. Sterling Seismic Services, Ltd., a majority of the Fifth Circuit held that a motions panel had erred in permitting a certified appeal under 28 U.S.C. § 1292(b). The district court had certified for an immediate appeal a decision on how the plaintiffs could prove reasonable-royalty damages in a trade-secret case. The […]
Continue reading....The Month in Federal Appellate Jurisdiction: December 2024
Last month saw a pair of decisions on when post-judgment motions reset the appeal clock for interlocutory appeals. The Ninth Circuit addressed its jurisdiction over a government appeal when the government invites the district court to dismiss an indictment. The Ninth Circuit also addressed jurisdiction over cross-appeals under the administrative-remand rule. Plus an improper qualified-immunity […]
Continue reading....Research
Final Decisions’ principal and founder Bryan Lammon has been studying appellate jurisdiction for over a decade. He has published articles on a variety of topics in this area, and his work has been cited by numerous appellate courts.
Recent Publications
- There Is No Helpful General Rule About Appealing Dismissals Without Prejudice, 123 Michigan Law Review Online 16 (2024).
- Manufactured Finality, 69 Villanova Law Review 271 (2024).
- Final Decisions & Final Judgments, 24 Journal of Appellate Practice & Process 58 (2024).
- Voluntary Dismissals, Jurisdiction & Waiving Appellate Review, 92 University of Cincinnati Law Review, 92 University of Cincinnati Law Review 394 (2023).
- Reforming Qualified-Immunity Appeals, 87 Missouri Law Review 1137 (2022)
Recent Citations
- Jones v. MSPB, 103 F.4th 984 (4th Cir. 2024) (citing Manufactured Finality).
- New York State Telecommunications Association v. James, 101 F.4th 135 (2d Cir. 2024), 2024 WL 1814541 (2d Cir. Apr. 26, 2024) (Sullivan, J., dissenting) (citing Manufactured Finality and Voluntary Dismissals, Jurisdiction & Waiving Appellate Review).
- Mohammed v. Jones, 100 F.4th 1214 (10th Cir. 2024) (citing Finality, Appealability, and the Scope of Interlocutory Review).
- Ingram v. Wayne County, 81 F.4th 603 (6th Cir. 2023) (citing Finality, Appealability, and the Scope of Interlocutory Review).
- Harris v. Clay County, 47 F.4th 271 (5th Cir. 2022) (citing Municipal Piggybacking in Qualified-Immunity Appeals).
“As in every case, the first question we must resolve is our jurisdiction to entertain this appeal.”
- West v. Louisville Gas & Electric Co., 951 F.3d 827 (7th Cir. 2020)