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23. Is the appeal proper?
The company moved to dismiss the federal claim, and the court granted the motion. The court's written order read in its entirety: «[The company's] motion to dismiss the federal claim is granted.» The scientist immediately appealed this decision to the court of appeals.
A scientist domiciled in State A brought a federal civil action against his former employer, a company incorporated and headquartered in State A, alleging retaliatory discharge under federal and state law and seeking damages under federal and state law.
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B is incorrect. This answer choice states the correct conclusion using incorrect legal reasoning. There is supplemental jurisdiction over the state-law claim. Further, whether an appeal is proper for the federal claim is not tied to jurisdiction over the state-law claim.
C is incorrect. To obtain a discretionary interlocutory appeal, the party seeking to appeal must apply to both the district and appellate courts to meet the statutory standards. See 28 U.S.C. § 1292(b). Here, the scientist has appealed without attempting to satisfy that requirement, so the appeal cannot be treated as a discretionary interlocutory appeal.
D is incorrect. Under the final judgment rule, a judgment is not final until all the claims in the action have been resolved. Under Federal Rule of Civil Procedure 54(b), a party can ask the court to certify a final judgment as to a resolved claim when it is separate and distinct from the unresolved claims and then appeal that decision. However, here the court would reject such a request because the federal and state claims overlap.