Gelboim, et al. v. Bank of America Corporation, et al.

Case Updates

The Court reversed the judgment of the Second Circuit holding that a plaintiff in a consolidated litigation can take an immediate appeal of rejected claims without waiting for resolution of the claims brought by other plaintiffs.

In its brief, the Chamber urged the Court to affirm the judgment of the Second Circuit which correctly held that “…when there is a judgment in a consolidated case that does not dispose of all claims which have been consolidated, there is a strong presumption that the judgment is not appealable absent Rule 54(b) certification.” The brief argues that the petitioners’ proposed rule is rigid and ignores the realities of multidistrict litigation (“MDL”), the unique nature of consolidated actions, and the countless ways in which consolidation can—and in the interest of complete efficiency must—modify ordinary litigation procedures. The brief suggests that the Court instead adopt a more flexible rule that gives a district judge discretion to determine when partial or piecemeal appeals would promote—or hinder—the just and efficient resolution of the entire litigation. This type of flexible approach is consistent not only with Congress’s intent in establishing the MDL device, but also with the realities and challenges that accompany often-sprawling consolidated litigations.

Kevin C. Newsom, Nicholas A. Danella, Jack L. Wilson, and Edmund S. Sauer of Bradley Arent Boult Cummings LLP represented the U.S. Chamber of Commerce as co-counsel to the U.S. Chamber Litigation Center.