Unresolved Motion For Attorneys Fees Does Not Postpone Time For Appeal On The Merits, Regardless Of Source Of Fee Entitlement
Budinich v. Becton Dickinson & Co ., 486 U.S. 196 (1988), established that a district court's decision resolving the merits of a case is final for purposes of 28 U.S.C. § 1291 and must be appealed within 30 days, even if an unresolved motion for attorney's fees is pending in the district court. In Budinich, the source of the attorney's fee entitlement was a state statute. Since the case was decided, the circuits have split on whether a different rule should govern a claim for attorney's fees...
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