## Facts

- Mackey and his company sued Sears in federal district court in a multi-claim action asserting antitrust and other theories.
- The complaint pleaded multiple counts; two antitrust-related counts (Counts I and II) sought damages and treble damages.
- The district court dismissed Counts I and II with prejudice while leaving other counts pending for further adjudication.
- The district court invoked Federal Rule of Civil Procedure 54(b) by (1) expressly determining there was no just reason for delay and (2) expressly directing entry of judgment on the dismissed counts.
- Mackey appealed the dismissals; Sears moved to dismiss the appeal for lack of appellate jurisdiction, arguing there was no “final decision” under 28 U.S.C. § 1291 because other claims remained pending.
- The Seventh Circuit denied Sears’s motion, concluding it had jurisdiction under § 1291 as implemented by Rule 54(b).
- The Supreme Court granted certiorari to resolve whether the court of appeals properly exercised jurisdiction.

## Issues

1. In a multiple-claim action, does 28 U.S.C. § 1291 permit an immediate appeal from the dismissal of fewer than all claims when the district court makes Rule 54(b)’s required express determination of no just reason for delay and express direction for entry of judgment?
2. Does Rule 54(b) improperly expand appellate jurisdiction by allowing appeal of judgments that are not “final decisions” within the meaning of § 1291?

## Decision

- The Supreme Court affirmed, holding the court of appeals properly exercised appellate jurisdiction.
- Rule 54(b), as amended, validly permits immediate appeal of “one or more but less than all” claims in a multiple-claim action when the resolved claims are final and the district court makes the two required express statements.
- The dismissals of Counts I and II were final decisions as to separate claims for relief and were properly released for appeal under Rule 54(b).
- The Court did not address the merits of the underlying antitrust or other substantive claims.

## Legal Principles

- Rule 54(b) does not relax the finality requirement of § 1291; it allows earlier appeal only from decisions that are final as to an individual claim for relief.
- Rule 54(b) applies only in multiple-claim actions where one or more, but fewer than all, claims have been finally decided.
- A partial judgment is appealable under Rule 54(b) only if the district court both:
  - expressly determines there is no just reason for delay, and
  - expressly directs entry of judgment on the resolved claim(s).
- Rule 54(b) does not authorize a district court to deem nonfinal matters “final” for purposes of § 1291; it governs timing of appeals from decisions that are already final as to particular claims.
- The district court’s Rule 54(b) certification is discretionary, and abuse of that discretion is reviewable by the court of appeals.

## Conclusion

The Court held that, in a multiple-claim case, dismissals that finally resolve distinct claims may be immediately appealed under § 1291 when the district court complies with Rule 54(b)’s express findings and direction for entry of judgment, and the rule does not enlarge appellate jurisdiction beyond final decisions.


Sears, Roebuck & Co. v. Mackey, 351 U.S. 427 (1956)