On January 21, 2015, the Supreme Court decided a narrow but
important issue of appellate jurisdiction in cases that have been
consolidated for pretrial proceedings by the Judicial Panel on
Multidistrict Litigation. A unanimous Court ruled that when a
district court in the consolidated action dismisses one
plaintiff's claim in its entirety, that plaintiff may
immediately take a direct appeal from the order dismissing the
complaint, even if other cases remain pending in the consolidated
action. This decision written by Justice Ginsburg reversed a ruling
by the United States Court of Appeals for the Second Circuit, which
ruled previously that no appeal was permitted until all of the
claims in the consolidated action were resolved. This decision has
the potential to result in more appellate litigation arising out of
multidistrict litigation and to some extent reduces the
efficiencies that multidistrict litigation (MDL) is meant to
create.
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ARTICLE
24 January 2015
Supreme Court Permits Appeal To Go Forward In Libor Antitrust Lawsuit
On January 21, 2015, the Supreme Court decided a narrow but
important issue of appellate jurisdiction in cases that have been
consolidated for pretrial proceedings by the Judicial Panel on
Multidistrict Litigation.