Our Services
Final Decisions PLLC is a boutique law firm and consultancy that supports lawyers litigating in federal appellate courts.
We partner with lawyers facing appellate-jurisdiction issues to identify the strongest path to your desired outcome. We can take the lead on these issues—authoring briefs and arguing before courts. Or we can act as advisors—performing key research and analysis that forms the foundation of your appellate strategy.
By focusing on federal appellate jurisdiction matters, we bring a depth of experience and knowledge that cannot be found elsewhere. Appellate-jurisdiction issues can be complex and nuanced. We conduct thorough analyses of jurisdictional questions, including appeal timing, appellate standing, and procedural requirements. We provide clients with clear and concise assessments of jurisdictional issues and advise on the best course of action to pursue.
Contact us today to learn more about how we can assist you with your appellate needs.
Primary Services
Whether consulting or serving as co-counsel, Final Decisions PLLC is an invaluable addition to your litigation team.
Consulting
We consult with lawyers and law firms on appellate strategy, jurisdictional issues, and potential avenues for relief. We offer analysis, insight, and strategic advice to help our clients make informed decisions about their appellate options. We also work closely with clients to refine their written and oral advocacy.
Briefing
Crafting persuasive appellate briefs is at the core of what we do. Through both study and practice, we have developed the unique skills of written appellate advocacy. The results are briefs that address issues clearly, concisely, and convincingly.
Oral Argument
Effective oral advocacy can make all the difference in appellate proceedings. We are eager to engage with judges on complex issues. And our extensive background in the law of appellate jurisdiction allows us to engage judges on a deep and persuasive level.
Special Services
Final Decisions PLLC can assist with a variety of procedural and jurisdictional matters beyond the main briefing and argument in a court of appeals.
Litigation Planning
When planning district court litigation, opportunities for appeal should not be an afterthought. We assist clients in identifying scenarios in which they (or their opposing counsel) might try to take an early appeal.
Preservation
Great arguments on appeal are essentially useless if you did not preserve the issue in the district court. We assist clients by ensuring that issues are preserved for potential review. By strategically planning and preserving appellate issues early in the litigation process, we make sure that our clients are well-positioned for success on appeal.
Appeal Opportunities
Our firm identifies and pursues appellate opportunities for clients seeking to challenge adverse trial court decisions. From the start of litigation, we assist clients in identifying scenarios in which they (or their opposing counsel) might try to take an early appeal. We carefully evaluate each possibility to determine the likelihood of success on appeal and advise clients on the best course of action to achieve their objectives.
Discretionary Appeals
We assist clients seeking discretionary review, including petitions for writs of certiorari and petitions for permission to appeal. We help our clients navigate the complex procedures and substantive requirements for seeking discretionary review in federal appellate courts.
Motions to Dismiss Appeals
When appropriate, we assist clients in seeking dismissal of appeals on jurisdictional or procedural grounds. We help craft persuasive motions to dismiss that effectively address the legal issues presented in the appeal. And when our clients are on the other end of these motions, we help craft persuasive responses showing why the case belongs in the court of appeals.
Briefing Notices
Courts of appeals sometimes ask parties to address jurisdictional issues. Whether these briefing notices come before or after oral argument, we ensure the best possible presentation of our clients' position on the issues the court has identified.
Amicus Briefs
We have a proven track record of preparing amicus curiae (friend of the court) briefs on behalf of interested parties. We provide insightful analysis and strategic advocacy in support of important legal principles and issues of public interest.
Supreme Court Practice
Final Decisions PLLC is always looking for appellate-jurisdiction issues to take to the U.S. Supreme Court. We can help you identify potential grounds for a cert petition, draft a compelling petition, and prevail before the Supreme Court.
Issues
Final Decisions PLLC is ready to handle any appellate-jurisdiction issue. Here is just a sample of the kinds issues we deal with.
Final Judgments
Final decisions and final judgments are not the same thing. And distinguishing between the two opens up new possibilities to appeal—or oppose an appeal.
The Appeal Clock
It's not always clear when the time to appeal begins running. Perhaps more importantly, it's also not always clear when that time ends.
The Notice of Appeal
Filing a notice of appeal should be straightforward. But complications—and pitfalls—exist.
The Collateral-Order Doctrine
The collateral-order doctrine is one of the most-common and most-maligned exceptions to the final-judgment rule.
Injunction Appeals
Many preliminary-injunction decisions are immediately appealable. But not all of them.
Class-Certification/Rule 23(f) Appeals
Federal Rule of Civil Procedure 23(f) provides one of the ways to obtain appellate review of a class-certification decision—the key decision in any case brought as a class action.
Manufactured Finality
When the existing avenues for interlocutory appeals seem inadequate, litigants sometimes try to home-brew their own appeals.
Certified Appeals Under § 1292(b)
28 U.S.C. § 1292(b) allows courts to certify certain orders for an immediate appeal. Convincing courts to do so is rarely easy.
Partial Judgments Under Rule 54(b)
In a multi-claim action, district courts can enter an appealable judgment on their resolution of some (but not all claims). But courts of appeals can still review—and vacate—these partial judgments before accepting the appeal.
Qualified-Immunity Appeals
Immediate appeals from the denial of qualified immunity account for a fair share of interlocutory appeals. And there are several ways to oppose these appeals.
Pendent Appellate Jurisdiction
The scope of an interlocutory appeal—that is, the decisions a court of appeals has jurisdiction to review—is not always clear. And normally non-immediately appealable issues can sometimes tag along with appealable ones.