What is the test for an insufficient explanation in Rule 54(b) judgment?

MultiRegion, United States of America

The following excerpt is from O'Bert ex rel. Estate of O'Bert v. Vargo, 331 F.3d 29 (2nd Cir. 2003):

On rare occasions we have excused the absence of an adequate explanation "[w]here the reasons for the entry of judgment [we]re obvious... and a remand to the district court would result only in unnecessary delay in the appeal process." Fletcher v. Marino, 882 F.2d 605, 609 (2d Cir.1989) (inadequate explanation excused where the need for expedition was obvious, as was the nature of the public concern presented by the issues); see Perez v. Ortiz, 849 F.2d 793, 796-97 (2d Cir.1988) (accepting jurisdiction where reasons district court would have stated on remand were obvious). Most recently, we excused a district court's insufficient explanation for entering a Rule 54(b) judgment because the case was an unusual one in

Page 42

Other Questions


Does the Attorney General's interpretation of Section 1231(b)(3)(B)(ii) of the Immigration Code apply to a drug trafficking conviction? (MultiRegion, United States of America)
Does a motion for a judgment of acquittal constitute a waiver of the claim of insufficient evidence? (MultiRegion, United States of America)
Can Section 2(b) of the Criminal Code be used as a substitute for Section 3(b)? (MultiRegion, United States of America)
What is the test for judgment as a matter of law under Rule of Civil Procedure 50(b)? (MultiRegion, United States of America)
Is a jury instruction that was prejudicial and insufficient insufficient to convict a defendant in a sexual assault case? (MultiRegion, United States of America)
Does a denial of a Rule 60(b) motion trigger review of the underlying judgment in this case? (MultiRegion, United States of America)
Does a court have jurisdiction to hear an appeal from the reentry of a judgment of conviction from a reentry judgment of a prior conviction? (MultiRegion, United States of America)
What is the test for a motion for judgment of acquittal based on insufficiency of the evidence? (MultiRegion, United States of America)
Does a final judgment in a civil contempt case settle the right to sue for damages incurred after the date of the judgment? (MultiRegion, United States of America)
What is the test for a motion for judgment of acquittal based upon insufficient evidence? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.