Dismissal With Prejudice Of Single Action In MDL Is Immediately Appealable, SCOTUS Holds

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When a putative class action is transferred and consolidated with others for coordinated pretrial proceedings in multidistrict litigation (“MDL”) under 28 U.S.C. § 1407, it ordinarily remains an independent action for purposes of finality under 28 U.S.C. § 1291.  Thus, when a district court handling an MDL dismisses without leave to amend a single-count antitrust class action pending therein, the dismissal order brings that action to a close, and it is final and appealable to the applicable circuit court of appeals under 28 U.S.C. § 1291 despite the fact that other consolidated actions remain pending in that MDL.

A unanimous United States Supreme Court, with Justice Ginsburg authoring the opinion, issued this holding in Gelboim v. Bank of America Corp., et al., No. 13-1174, – U.S. – (Jan. 21, 2015), which involved an MDL comprised of over 60 actions, spanning over a dozen states, and alleging manipulation by banks of the London InterBank Offered Rate (LIBOR).  In the process, the Supreme Court reversed the Second Circuit and remanded for consideration as a final appeal the order dismissing the single-count antitrust class action.

Gelboim v. Bank of America Corp., et al., No. 13-1174, – U.S. – (Jan. 21, 2015).

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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