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21. Is the court likely to grant the motion?
The employees have moved in the district court for an order certifying an immediate appeal of the grant of summary judgment on the federal-law claims because there is no just reason for delay.
Three employees sued their employer in federal court for failing to pay overtime wages, in violation of both federal and state law. The employer moved for summary judgment on the federal-law claims but not on the state-law claims, which closely paralleled the federal-law claims. The court granted the employer's motion.
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A is incorrect. Under FRCP 54(b), it is the district court, not the court of appeals, that is authorized to direct entry of final judgment as to fewer than all claims.
C is incorrect. Waiting until a final judgment on the entire action is entered will always delay a plaintiff's recovery. Making multiple-claim actions immediately appealable would be inconsistent with the final judgment rule and the limited role envisioned for FRCP 54(b).
D is incorrect. There is no final judgment in the case. A court will not enter a Rule 54(b) final judgment when there is overlap between resolved and unresolved claims. That includes when the resolution of some claims was by summary judgment.