Case Consolidation

News & Analysis as of

District Court Declines to Lift Stay Even After Patent Trial and Appeal Board Issued Written Decision on CBM Petitions

The district court stayed several consolidated cases pending certain proceedings before the Patent Trial and Appeal Board ("PTAB"). In the order granting the stay, the district court stated: "Upon issuance of a final decision...more

Virginia Supreme Court Opinions Affecting Local Government Law – April 16, 2015

The Virginia Supreme Court issued opinions this morning during its April term. This term resulted in several opinions affecting Virginia local government law. Opinions addressed evidence in a condemnation case, interpreted...more

Suit by “Interested,” Neighboring Municipalities to Enforce SEQRA Requirements Does Not “Impose or Implement” a Land Use...

On March 27, 2015, the Southern District of New York granted summary judgment in favor of all defendants in the consolidated action Bernstein v. Wesley Hills, 08-CV-156; 12-CV-8856 (KMK), (the “Wesley Hills” Action). The...more

US District Court in Pennsylvania Dismisses Data Breach Class Action on Article III Standing

In Storm & Holt v. Paytime, Inc., 1:14-cv-01138-JEJ (MD Penn. Mar. 13, 2015), the United States District Court for the Middle District of Pennsylvania addressed the Article III standing issue of when a cause of action may...more

District Court Dismisses Data Breach Case for Lack of Standing

The US District Court for the Middle District of Pennsylvania recently dismissed a consolidated class action against Paytime, Inc. arising out of a data breach by hackers who accessed the personal and financial information of...more

Federal District Court Dismisses Class Action Litigation Concerning 401(k) Provider’s Float Practices

In In re Fidelity ERISA Float Litigation, Case No. 13-10222 (D. Mass. Mar. 11, 2015), the district court rejected an ERISA challenge to a 401(k) plan service provider’s float practices. ...more

State Attorneys General Return to Health Care Reform in U.S. Supreme Court

On Wednesday, the U.S. Supreme Court will hear arguments in what is being teed up to be “Round 2” on the Affordable Care Act (ACA). In the case King v. Burwell, the question before the Court is whether the IRS can extend tax...more

Second Circuit Affirms Certification of Consumer Debt Collection Class, Distinguishing Comcast v. Behrend

These cases, on a consolidated appeal, involved three defendants: a company that purchased consumer debts, a debt collection law firm, and a process server. Plaintiffs had each been sued in various debt collection actions by...more

Third District Rejects CEQA Challenge To Program EIR For California Department of Fish and Wildlife’s Statewide Fish...

In a lengthy published decision filed February 10, 2015, and addressing consolidated appeals in three related actions, the Third District Court of Appeal affirmed the trial court’s judgment rejecting petitioner and appellant...more

8 Things to Consider Before Opposing a Motion to Consolidate

In response to a plaintiff’s motion for consolidation, the court can combine two or more separately filed lawsuits for simultaneous disposition. This promotes efficiency, but there are very big downsides for a defendant in a...more

Come Together? 10 Things to Consider Before Moving to Consolidate

Consolidation can be a useful efficiency technique because it allows the court to combine two or more separately filed lawsuits for simultaneous disposition. This efficiency is not without danger—consolidation may produce an...more

Motion to Dismiss Denied in FX Rigging Case

A federal judge in New York on Wednesday allowed a consolidated class action by U.S.-based investors concerning the rigging of the foreign exchange (FX) market to move forward. In denying a motion to dismiss, U.S. District...more

MDFL Dismisses Auto Repair Antitrust Claims, Eviscerates Plaintiffs’ Lawyers

In 2014, the Judicial Panel on Multidistrict Litigation consolidated a series of antitrust actions and transferred them to the United States District Court for the Middle District of Florida. The Middle District of Florida...more

If A Case Is Part Of An MDL Proceeding, When Can A Dismissal Of That Case Be Appealed?

Last week, the U.S. Supreme Court decided an interesting appellate issue involving a case that was part of an MDL proceeding. In Gelboim v. Bank of America Corp., the plaintiffs brought a class action alleging a federal...more

Supreme Court Decision on Same-Sex Marriage Expected this Summer

The U.S. Supreme Court recently announced it will rule on the legality of same-sex marriage and issue what is expected to be a historic decision with a widespread impact on American culture. Consolidating appeals from four...more

U.S. Supreme Court Clarifies Timing for Appeal of Individual Case Dismissed Within Consolidated Multidistrict Litigation...

On January 21, 2015, the U.S. Supreme Court issued its decision in Gelboim v. Bank of America Corp., No. 13-1174, a case involving the timing for an appeal of an individual case that has been dismissed within a consolidated...more

Supreme Court Revives LIBOR Antitrust Appeal in Gelboim et al. v. Bank of America Corp. et al.

On January 21, 2015, the Supreme Court of the United States issued a highly anticipated decision in a LIBOR-based antitrust class action suit allowing a plaintiff to immediately take a direct appeal from an order dismissing...more

Supreme Court Clarifies Timing of Appeals in MDL Cases

On January 21, 2015, the U.S. Supreme Court announced the definitive rule governing the timing of appeals from a multidistrict litigation proceeding (MDL). The Court held that plaintiffs in actions centralized in an MDL whose...more

Supreme Court Decides Gelboim v. Bank of America Corp.

On January 21, 2015, the Supreme Court of the United States decided Gelboim v. Bank of America Corp., No. 13-1174, holding that, because cases consolidated for multidistrict pretrial proceedings ordinarily retain their...more

Pre-Trial Consolidation May Run Afoul of the America Invents Act

The America Invents Act introduced a new statute, 35 U.S.C. § 299, which provides that “accused infringers may not be joined in one action as defendants or counterclaim defendants, or have their actions consolidated for...more

Home Depot Data Breach Litigation: Venue and Consolidation

Substantive litigation in the flood of lawsuits concerning the recent Home Depot data breach awaits a determination of where the cases will be heard. Numerous overlapping lawsuits have been filed in courts throughout the...more

Upcoming Supreme Court Case Highlights Appealability Pitfalls When Cases Are Consolidated

Consolidation of cases in federal courts can take many forms. Sometimes cases are consolidated for all purposes. Sometimes, they are consolidated only for limited purposes of discovery or pretrial proceedings. A case in which...more

Eleven Toner Replacement Cartridge Infringement Cases Consolidated

Canon Inc. v. Print-Rite N.A., Inc., et al. Case Number: 1:14-cv-00540-DLC (Dkt. 16) - Judge Cote ordered eleven cases filed by Canon are now consolidated....more

Arizona Court Holds Insured Person Exclusions Applicable to Consolidated Securities Claims

In its recent decision in Amerco v. Nat’l Union Fire Ins. Co., 2014 U.S. Dist. LEXIS 69066 (D. Ariz. May 20, 2014), the United States District Court for the District of Arizona had occasion to consider the application of...more

Baltimore City Circuit Court Rejects Attempt to Consolidate Asbestos Cases

Order refusing to consolidate more than 13,000 non-mesothelioma cases continues a U.S.-wide trend of courts moving away from mass trial consolidations in asbestos cases. On March 5, the Circuit Court for Baltimore...more

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