Background
RW Arms, Ltd., Mark Maxwell, and Michael Stewart appealed a March 23, 2026 order of the U.S. Court of Federal Claims. The underlying proceedings, docketed as Nos. 1:19-cv-00449-LAS and 1:25-cv-00425-LAS, remained pending before Senior Judge Loren A. Smith.
Responding to the Federal Circuit’s show-cause order, the appellants said they had appealed “out of an abundance of caution.” They did not dispute that unresolved claims remained in the Court of Federal Claims or that the trial court had not certified its order for an immediate appeal. The United States likewise agreed that no appealable decision had been entered.
The Court’s Holding
The Federal Circuit dismissed the appeal because the March 23 order was not yet a final judgment for purposes of appellate jurisdiction. With claims still pending and no certification permitting an interlocutory appeal, there was no appealable decision before the court.
The court ordered each party to bear its own costs. The order is designated nonprecedential.
Key Takeaways
- An order generally is not immediately appealable when claims remain pending in the trial court.
- Absent a final judgment or proper certification, filing an appeal as a precaution does not create appellate jurisdiction.
- The Federal Circuit dismissed the appeal, with each side responsible for its own costs.
Why It Matters
The order underscores the need to confirm finality before appealing from the Court of Federal Claims. Litigants facing unresolved claims ordinarily must await final judgment or obtain the necessary certification for immediate appellate review.