News & Analysis as of

Case Consolidation

Consolidation, Like Marriage, Preserves the Distinct Identities and Rights of Its Constituents

In its recent decision in Hall vs. Hall, the U.S. Supreme Court ruled unanimously that after a final decision in one of several consolidated cases, the losing party has the immediate right to appeal that decision, even when...more

Student-Athletes Score Partial Win on Challenge to NCAA’s Scholarship Caps

by Carlton Fields on

A nationwide class action currently consolidated in multidistrict litigation filed by current and former student-athletes received a boost from a ruling on the parties’ cross motions for summary judgment. ...more

SCOTUS Holds that Cases Consolidated Under FRCP 42(a) Are Independent for Purposes of Finality and Appealability

by Robins Kaplan LLP on

On March 27, 2018, the Supreme Court issued a unanimous opinion in Hall v. Hall, Case No. 16-1150, holding that cases consolidated under Federal Rule of Civil Procedure 42(a) remain independent for purposes of determining...more

Illinois Federal Court Rejects Twin Suits Challenging Dividend Payment Practices

by Carlton Fields on

Challenges to mutual life insurers’ discretion in setting dividend scales date back over 100 years. Earlier this year, in Anderson v. Country Life Insurance Company and Ochoa v. State Farm Life Insurance Company, a federal...more

Together, But Independent – Finality Under Rule 42(a) Consolidation

by Carlton Fields on

The United States Supreme Court recently clarified that cases consolidated under Rule 42(a) of the Federal Rules of Civil Procedure retain their independent identities “at least to the extent that a final decision in one is...more

Supreme Court Okays Individual Appeals in Consolidated Cases

by Weiner Brodsky Kider PC on

The Supreme Court recently held that when related cases have been consolidated under Federal Rule of Civil Procedure 42(a), a final decision in one of the cases makes that individual case immediately appealable by the losing...more

Supreme Court Clarifies Appeal Timing for Consolidated Cases

by Genova Burns LLC on

The U.S. Supreme Court has ruled that when a final decision has been issued in one of several consolidated civil cases, the losing party can immediately appeal, even if other of the consolidated cases are ongoing. Hall v....more

United States Supreme Court Allows For Appeals From Final Decisions Regarding Individual Actions In Ongoing Consolidated...

by Shearman & Sterling LLP on

On Tuesday, March 27, 2018, Chief Justice John Roberts announced a unanimous decision of the United States Supreme Court that allows immediate appeals from final decisions issued in any action that has been consolidated with...more

SCOTUS Raises an Interesting Question for Appeals in Consolidated Cases in Wisconsin

by Foley & Lardner LLP on

The U.S. Supreme Court today decided unanimously that, when cases are consolidated under Fed. R. Civ. P. 42(a), they nevertheless remain separate cases. In Hall v. Hall, No. 16-1150, two separate cases had been consolidated...more

United States Judicial Panel on Multidistrict Litigation – March Hearing Preview

The next hearing session of the United States Judicial Panel on Multidistrict Litigation (“JPML”) is scheduled for March 29, 2018 in Atlanta, Georgia. ...more

The Supreme Court - March 27, 2018

by Dorsey & Whitney LLP on

Hall v. Hall, No. 16-1150: Petitioner Elsa Hall and respondent Samuel Hall are siblings litigating against each other in two consolidated cases surrounding the management of their mother’s property and estate. One of the...more

Supreme Court Holds That Consolidated Cases Retain Their Independence for Purposes of Appeal

The Supreme Court has reversed a Third Circuit decision and held that individual federal cases consolidated for trial or other purposes retain their independent character for purposes of appealing a final judgment. As a...more

Supreme Court Decides Hall v. Hall

by Faegre Baker Daniels on

On March 27, 2018, the United States Supreme Court decided Hall v. Hall, No. 16-1150, holding that when one of several cases consolidated under Federal Rule of Civil Procedure 42(a) is finally decided, that decision confers...more

Food & Beverage Litigation Update | March 2018 #3

USDA Withdraws Organic Livestock and Poultry Rule - The U.S. Department of Agriculture (USDA) has issued a final rule withdrawing the Organic Livestock and Poultry Practices Rule, leaving existing organic regulations in...more

The Supreme Court’s Current Cases On Jurisdictional Rules, Consolidation, And Plain Error

by Ellis & Winters LLP on

In a term chock-full of blockbuster cases, the three cases featured here won’t make many top 10 lists. But for appellate litigators, these cases are likely to figure much more prominently in their daily practice than cases...more

The Singapore International Arbitration Centre’s proposal on cross-institutional consolidation of arbitrations

by White & Case LLP on

For parties and counsel to arbitrations alike, it is unfortunate that one dispute may require battles on many battlefields: Disputes about similar or identical factual and/or legal questions may arise under several...more

Potential Impact on Alabama If U.S. Supreme Court Approves South Dakota Economic Nexus Statute

To the surprise of many, the U.S. Supreme Court granted the State of South Dakota’s petition for writ of certiorari in South Dakota v. Wayfair, Inc. et al., No. 17-494, on January 12. The case involves the constitutionality...more

District Court Largely Denies Defendants’ Requested Protective Order On Variety Of Discovery Requests In Consolidated Class...

by Carlton Fields on

On November 15, 2017, we reported on two class actions alleging that the “EquityComp” workers’ compensation insurance program marketed and sold by Applied Underwriters (“defendants”) violated California insurance law and...more

Supreme Court Sends Challenges to Clean Water Rule to Federal District Courts

by Perkins Coie on

In a unanimous decision on January 22, the U.S. Supreme Court ruled that challenges to the Obama administration’s 2015 Clean Water Rule must be brought in federal district courts rather than directly in the courts of appeals....more

U.S. Supreme Court Sends Waters of the US Rule to District Courts; Nationwide Stay in Question

by Husch Blackwell LLP on

On January 22, 2018, the U.S. Supreme Court unanimously held that challenges to the 2015 Waters of the United States Rule (the “WOTUS Rule” or “Rule”) belong in district court rather than the appellate court. The WOTUS Rule...more

Obtaining Additional Time for a Family Law Hearing: What You Need to Know

by Jaburg Wilk on

The Facts - In Reyes v. Neill 1, Division One of the Arizona Court of Appeals addressed the question of whether the Court abused its discretion by failing to permit adequate time for the parties to present testimony and...more

Baltimore City Asbestos Docket Dilemma Comes to a Head in Annapolis

by Miles & Stockbridge P.C. on

Many plaintiffs consider the Circuit Court for Baltimore City to be the asbestos capital of the Maryland courts. After all, the City has its own asbestos litigation rules, docket procedures, and even its own electronic filing...more

“Opt Out” Provisions May Provide Path Forward for Class-Action Waivers in Employment Contracts

by McGuireWoods LLP on

Everyone is talking about the future of class-action waivers in employment arbitration agreements after the Supreme Court launched its new term this month with oral argument in three closely-watched cases—National Labor...more

Supreme Court Appears Split on Class Action Waivers in Employee Arbitration Agreements

by Baker Donelson on

On Monday, October 2, 2017, the U.S. Supreme Court heard oral argument in three cases involving the enforceability of employee arbitration agreements that include class/collective action waivers. Since January when the...more

Future of Class Action Waivers: The Supreme Court Hears Oral Argument

On October 2, 2017, the Supreme Court of the United States heard oral argument in three consolidated cases that will decide the future of class action waivers in the employment context. These cases—National Labor Relations...more

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