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Expert Analysis

Gelboim Does Little To Limit MDL Court Appeals Discretion

Law360, New York (January 22, 2015, 12:04 PM EST) -- In Gelboim v. Bank of America,[1] the United States Supreme Court unanimously decided that each individual case that has been consolidated for pretrial proceedings in multidistrict litigation is treated the same for purposes of finality as if no MDL existed. In other words, if all claims in a lawsuit are dismissed, it is a "final decisio[n] of the district court[t]" that may be immediately appealed under 28 U.S.C. § 1291....

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