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UNITED STATES OF AMERICA v. ONE PALMETTO STATE ARMORY PA-15 MACHINEGUN RECEIVER/FRAME, UNKOWN CALIBER, SERIAL NUMBER: LW001804

MOTION to Certify Final Judgment Pursuant to FRCP 54

11 Cited authorities

  1. Curtiss-Wright Corp. v. General Electric Co.

    446 U.S. 1 (1980)   Cited 2,053 times
    Holding that it was "proper for the District Judge here to consider such factors as whether the claims under review were separable from the others remaining to be adjudicated and whether the nature of the claims already determined was such that no appellate court would have to decide the same issues more than once even if there were subsequent appeals"

  2. Berckeley Inv. Group, Ltd. v. Colkitt

    455 F.3d 195 (3d Cir. 2006)   Cited 1,232 times
    Holding that an expert witness is prohibited from rendering a legal opinion because it would usurp the District Court's pivotal role in explaining the law to the jury

  3. Allis-Chalmers Corp. v. Philadelphia Elec. Co.

    521 F.2d 360 (3d Cir. 1975)   Cited 380 times
    Holding that district court must clearly articulate reasons and factors prompting its decision to grant a 54(b) certification

  4. New Jersey Turnpike Authority v. PPG Indust

    197 F.3d 96 (3d Cir. 1999)   Cited 99 times
    Finding costs may only be pursued by an innocent party that has undertaken hazardous waste cleanup

  5. In re Fosamax (Alendronate Sodium) Prods. Liab. Litig. (No. Ii) Patrick Welch

    751 F.3d 150 (3d Cir. 2014)   Cited 45 times
    Noting that a claim based on the generic manufacturer not changing the drug's label is preempted where the "manufacturers have no control over the design or labeling of generic drugs"

  6. Cape May Greene, Inc. v. Warren

    698 F.2d 179 (3d Cir. 1983)   Cited 117 times
    Holding that a premature notice of appeal, filed after disposition of some of the claims before a district court, but before entry of final judgment, will ripen upon the court's disposal of the remaining claims

  7. Jankowski v. Lellock

    2:13-cv-194 (W.D. Pa. Jul. 17, 2015)

    2:13-cv-194 07-17-2015 DAVID JANKOWSKI, Plaintiff, v. ROBERT LELLOCK, Defendant. Terrence F. McVerry Senior United States District Judge MEMORANDUM OPINION Pending before the Court is PLAINTIFF'S MOTION FOR CERTIFICATION OF ENTRY OF FINAL JUDGMENT IN FAVOR OF DEFENDANTS LYNN MEYERS-JEFFREY AND RONALD ZANGARO PURSUANT TO F.R.C.P. 54(b) AND FOR STAY OF REMAINING CLAIMS PENDING APPEAL (ECF No. 58) filed on July 2, 2015. Defendant, Robert Lellock, and the former defendants were allowed until July 16

  8. Ely v. Cabot Oil & Gas Corp.

    Civil No. 3:09-CV-2284 (M.D. Pa. May. 1, 2015)

    Civil No. 3:09-CV-2284 05-01-2015 NOLEN SCOTT ELY, et al., Plaintiffs v. CABOT OIL & GAS CORPORATION, et al., Defendants Magistrate Judge Carlson () MEMORANDUM OPINION AND ORDER I. Background This matter comes before the Court on a motion to certify as a final judgment a court order dismissing some, but not all of the plaintiffs' claims in this longstanding litigation. (Doc. 579.) This certification, if granted, would serve as the prelude to an appeal of this ruling, an action would introduce further

  9. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,148 times   927 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  10. Section 1291 - Final decisions of district courts

    28 U.S.C. § 1291   Cited 89,115 times   139 Legal Analyses
    Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"

  11. Rule 54 - Judgment; Costs

    Fed. R. Civ. P. 54   Cited 41,439 times   143 Legal Analyses
    Holding party seeking fees may additionally seek "nontaxable expenses"