Gelboim v. Bank of America Corporation
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-1174 | 2d Cir. | Dec 9, 2014 | Jan 21, 2015 | 9-0 | Ginsburg | OT 2014 |
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case
Holding: When a district court dismisses the only claim in a case that has been consolidated with other actions for pretrial proceedings in multidistrict litigation, the district court’s order is a final and appealable order, even if claims remained in other actions included in the MDL.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Ginsburg on January 21, 2015.
SCOTUSblog Coverage
- Opinion analysis: Finality, appealability, and single-claim actions (Howard M. Wasserman, January 21, 2015)
- Argument analysis: Finality and a tale of two rules (Howard M. Wasserman, December 11, 2014)
- Argument preview: Finality, consolidation, and multi-district litigation (Howard M. Wasserman, December 5, 2014)
| Date | Proceedings and Orders |
|---|---|
| Mar 6 2014 | Application (13A913) to extend the time to file a petition for a writ of certiorari from March 16, 2014 to April 15, 2014, submitted to Justice Ginsburg. |
| Mar 7 2014 | Application (13A913) granted by Justice Ginsburg extending the time to file until April 15, 2014. |
| Mar 26 2014 | Petition for a writ of certiorari filed. (Response due April 25, 2014) |
| Apr 17 2014 | Order extending time to file response to petition to and including May 27, 2014, for all respondents. |
| Apr 25 2014 | Brief amici curiae of Mayor and City Council of Baltimore, et al. filed. |
| May 27 2014 | Brief of respondents Bank of America Corporation, et al. in opposition filed. |
| Jun 3 2014 | DISTRIBUTED for Conference of June 19, 2014. |
| Jun 3 2014 | Reply of petitioners Ellen Gelboim, et al. filed. (Distributed) |
| Jun 23 2014 | DISTRIBUTED for Conference of June 26, 2014. |
| Jun 24 2014 | Letter of June 24, 2014, from counsel for petitioner received. (Distributed) |
| Jun 30 2014 | Petition GRANTED. |
| Jul 8 2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| Jul 18 2014 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 29, 2014. |
| Jul 18 2014 | The time to file respondents' brief on the merits is extended to and including October 15, 2014. |
| Aug 4 2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| Aug 29 2014 | Joint appendix filed. (Statement of costs filed.) |
| Aug 29 2014 | Brief of petitioner Ellen Gelboim, et al. filed. |
| Sep 4 2014 | SET FOR ARGUMENT on Tuesday, December 9, 2014. |
| Sep 5 2014 | Brief amici curiae of Mayor and City Council of Baltimore, et al. filed. |
| Sep 22 2014 | Record requested from U.S.C.A. 2nd Circuit. |
| Sep 23 2014 | Record received from U.S.D.C. Western District of North Carolina. The record is electronic. |
| Sep 24 2014 | Record received from U.S.C.A. 2nd Circuit is electronic. |
| Oct 15 2014 | Brief of respondents Bank of America Corporation, et al. filed. |
| Oct 22 2014 | Brief amicus curiae of The Chamber of Commerce of The United States of America filed. |
| Oct 22 2014 | Brief amici curiae of Retired United States District Judges filed. (Distributed) |
| Oct 27 2014 | CIRCULATED. |
| Nov 14 2014 | Reply of petitioners Ellen Gelboim, et al. filed. (Distributed) |
| Dec 9 2014 | Argued. For petitioners: Thomas C. Goldstein, Bethesda, Md. For respondents: Seth P. Waxman, Washington, D. C. |
| Jan 21 2015 | Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion for a unanimous Court. |
| Feb 23 2015 | JUDGMENT ISSUED. |
