Wednesday, March 28, 2018

SCOTUS Decision in Hall v. Hall: Appellate Jurisdiction and Consolidation

Yesterday the Supreme Court issued a unanimous decision in Hall v. Hall (covered earlier here). Chief Justice Roberts’ opinion begins:

Three Terms ago, we held that one of multiple cases consolidated for multidistrict litigation under 28 U. S. C. §1407 is immediately appealable upon an order disposing of that case, regardless of whether any of the others remain pending. Gelboim v. Bank of America Corp., 574 U. S. ___ (2015). We left open, however, the question whether the same is true with respect to cases consolidated under Rule 42(a) of the Federal Rules of Civil Procedure. Id., at ___, n. 4 (slip op., at 7, n. 4). This case presents that question.

And the answer to that question is yes:

Rule 42(a) did not purport to alter the settled understanding of the consequences of consolidation. That understanding makes clear that when one of several consolidated cases is finally decided, a disappointed litigant is free to seek review of that decision in the court of appeals.

 

 

https://lawprofessors.typepad.com/civpro/2018/03/scotus-decision-in-hall-v-hall-appellate-jurisdiction-and-consolidation.html

Federal Courts, Federal Rules of Civil Procedure, Recent Decisions, Subject Matter Jurisdiction, Supreme Court Cases | Permalink

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