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Consolidation – Rule 42(A)

By: Derek Hawkins//April 11, 2018//

Consolidation – Rule 42(A)

By: Derek Hawkins//April 11, 2018//

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United States Supreme Court

Case Name: Louise Hall Family Trust v. Hall, et al.

Case No.: 16-1150

Focus: Consolidation – Rule 42(A)

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.

The normal rule is that a “final decision” confers upon the losing party the immediate right to appeal. That rule provides clear guidance to litigants. Creating exceptions to such a critical step in litigation should not be undertaken lightly. Congress has granted us the authority to prescribe rules “defin[ing] when a ruling of a district court is final for the purposes of appeal under” §1291, 28 U. S. C. §2072(c), and we have explained that changes with respect to the meaning of final decision “are to come from rule-making, . . . not judicial decisions in particular controversies,” Microsoft Corp. v. Baker, 582 U. S. ___, ___ (2017) (slip op., at 15). If, as Samuel fears, our holding in this case were to give rise to practical problems for district courts and litigants, the appropriate Federal Rules Advisory Committees would certainly remain free to take the matter up and recommend revisions accordingly.

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. We reverse the judgment of the Court of Appeals for the Third Circuit and remand the case for further proceedings consistent with this opinion. It is so ordered.

Reversed and Remanded

Dissenting:

Concurring:

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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