Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Gelboim v. Bank of America Corp.

United States Supreme Court

January 21, 2015

ELLEN GELBOIM, et al., Petitioners
v.
BANK OF AMERICA CORPORATION et al

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

FINAL DECISION

Headnote:[1]

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

FINAL DECISION

Headnote:[2]

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

Headnote:[3]

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

MULTIPLE CLAIMS

Headnote:[4]

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

Headnote:[5]

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

Headnote:[6]

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

Headnote:[7]

Each action transferred pursuant to 28 U.S.C.S. ยง 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.