On January 21, 2015, the Supreme Court decided Gelboim v. Bank of America Corporation. This case concerns whether and in what circumstances the dismissal of all claims in one civil action that had been consolidated with other cases for pre-trial purposes, in a Multi-District Litigation proceeding, is final and immediately appealable?
In an opinion by Justice Ginsburg, the Court held unanimously that a lower court order dismissing petitioners' case in its entirety removed petitioners from the consolidated multidistrict litigation proceeding, thereby triggering their statutory right to appeal. The judgment of the Second Circuit was reversed and the case remanded.
To discuss the case, we have Erik Zimmerman, who is an Olin-Searle-Smith Fellow and Constitutional Law Center Fellow at Stanford Law School.