Argued December 9, 2014
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
Reversed and remanded.
DECISION: District Court's dismissal, without leave to amend, of investors' antitrust suit--which had been consolidated with other suits--held to be immediately appealable final decision under 28 U.S.C.S. § 1291, as investors were no longer participants in consolidated proceedings.
LAWYERS' EDITION HEADNOTES:
APPEAL § 22
An unsuccessful litigant in a Federal District Court may take an appeal, as a matter of right, from a final decision of the District Court. 28 U.S.C.S. § 1291.
APPEAL § 23
28 U.S.C.S. § 1291 gives the Courts of Appeals jurisdiction over appeals from all final decisions of the District Courts of the United States. A final decision is one by which a District Court disassociates itself from a case. While judicial precedent has accorded § 1291 a practical rather than a technical construction, the statute's core application is to rulings that terminate an action. [190 L.Ed.2d 790]
APPEAL § 26.5
MULTIPLE CLAIMS -- SEPARATE CLAIM
Fed. R. Civ. P. 54(b) permits District Courts to authorize immediate appeal of dispositive rulings on separate claims in a civil action raising multiple claims.
JUDGMENT § 7.5
See Fed.R.Civ.P. 54(b), which provides: " When an action presents more than one claim for relief . . . or when multiple parties are involved, the court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay."
APPEAL § 26.5
FINALITY -- MULTIPLE CLAIMS
Fed. R. Civ. P. 54(b) relaxes the former general practice that, in multiple claims actions, all the claims had to be finally decided before an appeal could be entertained from a final decision upon any of them. The Federal Rules of Civil Procedure allow a plaintiff to state in one complaint as many separate claims as it has. Fed.R.Civ.P. 8(d)(3). Rule 54(b) was adopted in view of the breadth of the civil action the Rules allow, specifically to avoid the possible injustice of delaying judgment on a distinctly separate claim pending adjudication of the entire case. Rule 54(b) thus aims to augment, not diminish, appeal opportunity.
COURTS § 631
MULTIDISTRICT LITIGATION -- TRANSFER
28 U.S.C.S. § 1407 authorizes the Judicial Panel on Multidistrict Litigation to transfer civil actions involving one or more common questions of fact to any district for coordinated or consolidated pretrial proceedings in order to promote the just and efficient conduct of such actions. 28 U.S.C.S. § 1407(a).
COURTS § 632
MULTIDISTRICT LITIGATION -- REMAND
Each action transferred pursuant to 28 U.S.C.S. § 1407 shall be remanded by the panel at or before the conclusion of pretrial proceedings to the district from which it was transferred unless it shall have ...