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Supreme Court Confirms That Merits Decisions Are Final and Appealable Even When Contractual Fees Remain Unresolved

On January 29, 2014 by Schnader

The U.S. Supreme Court recently provided much-needed clarity on the issue of whether contractual attorney’s fees are part of a merits decision for the purposes of determining timeliness of a federal appeal. The Court reaffirmed that an unresolved application for fees does not prevent a merits ruling from being considered final for appeal purposes regardless of the source of the fee claim.

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