Page:Nealy v. Atlantic Recording (Certification Order).pdf/4

 Publishing, including the only musical work Atlantic is alleged to have infringed, “Jam The Box.” By dismissing claims relating to “Jam The Box,” the judgment completely disposes of all claims against Atlantic and thus constitutes a Final Judgment as to Atlantic.

Rule 54(b) requires a determination that there is “no just reason for delay,” taking into account “judicial administrative interests as well as the equities involved.” ''Curtiss-Wright Corp. v. Gen. Elec. Co.'', 446 U.S. 1, 8 (1980). A court should consider: (1) the relationship between the adjudicated and unadjudicated claims; (2) the possibility that the need for review might or might not be mooted by future developments in the district court; (3) the possibility that the reviewing court might be obliged to consider the same issue a second time; (4) the presence or absence of a claim or counterclaim which could result in a set-off against the judgment sought to be made final; and (5) miscellaneous factors such as delay, economic and solvency considerations, shortening the time of trial, frivolity of competing claims, expense, and the like. ''Allis–Chalmers Corp. v. Philadelphia Elec. Co., 521 F.2d 360, 364 (3d Cir. 1975), overruled in part by Curtiss–Wright'', 446 U.S. 1.

Here, there is no just reason for delay based on the criteria set forth above. The unadjudicated claims all relate to musical compositions other than “Jam The Box,” so future developments in this Court will not moot the need for review. There is no possibility that the issue of Plaintiffs’ ownership over the composition “Jam The Box” would be the subject of recurrent appellate review. There is no counterclaim which will result in a set-off, and the interests of judicial economy support certification for immediate appeal, particularly in light of the Court’s concurrent certification pursuant to section 1292(b) of a controlling question of law regarding the scope of relief available herein and the stay of this matter pending the disposition of appellate review.