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Expert Analysis

In Libor MDL, Need For Appellate Certainty May Carry The Day

Law360, New York ( December 10, 2014, 4:32 PM EST) -- In appellate practice, an appellant needs certainty about when it must appeal. Doubts can cause the appellant to miss the jurisdictional deadline — which will mean that the appeal will be dismissed — or can encourage filing of premature and wasteful appeals in an effort to protect uncertain appellate rights. That need for certainty was highlighted during the U.S. Supreme Court's argument in the Libor litigation on Dec. 9, 2014, and it may lead to a decision favoring a bright-line rule that permits appeals of dismissed cases that have been consolidated during multidistrict litigation proceedings....

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