Gelboim v. Bank of America Corp.
Gelboim v. Bank of America Corp.
Opinion
An unsuccessful litigant in a federal district court may take an appeal, as a matter of right, from a "final decisio[n] of the district cour[t]."
Petitioners Ellen Gelboim and Linda Zacher filed in the United States District Court for the Southern District of New York a class-action complaint raising a single claim. They alleged that a number of banks, acting in concert, had violated federal antitrust law. Their case was consolidated for pretrial proceedings together with some 60 other cases, commenced in different districts, raising "one or more common questions of fact," § 1407(a).
The defendant banks, respondents here, moved to dismiss the Gelboim-Zacher complaint on the ground that the plaintiffs had suffered no antitrust injury. The District Court granted the motion, denied leave to amend the complaint, and dismissed the case in its entirety. Other cases made part of the multidistrict pretrial proceedings, however, presented discrete *902 claims and remained before the District Court.
The Court of Appeals for the Second Circuit, acting on its own motion, dismissed the appeal filed by Gelboim and Zacher for want of appellate jurisdiction. We reverse the Second Circuit's judgment and hold that the Gelboim-Zacher complaint retained its independent status for purposes of appellate jurisdiction under § 1291. Petitioners' right to appeal ripened when the District Court dismissed their case, not upon eventual completion of multidistrict proceedings in all of the consolidated cases.
I
Three legal prescriptions figure in this case: Title 28 U.S.C. §§ 1291and 1407, and Federal Rule of Civil Procedure 54(b).
Section 1291gives 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."
Swint v. Chambers County Comm'n,
Rule 54(b)permits district courts to authorize immediate appeal of dispositive rulings on separate claims in a civil action raising multiple claims:
"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." 1
Rule 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."
Sears, Roebuck & Co. v. Mackey,
Section 1407is of more recent vintage. Enacted in 1968 in response to a growing number of complex but related cases filed in multiple districts, § 1407authorizes the Judicial Panel on Multidistrict Litigation (JPML) 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." § 1407(a); see H.R.Rep. No. 1130, 90th Cong., 2d Sess., 2 (1968) (§ 1407codified procedures used in the early 1960's to resolve more than 1,800 separate actions filed against electrical equipment manufacturers in 33 District Courts, all of the actions seeking damages for antitrust law violations).
Transfer under § 1407aims to "eliminate duplication in discovery, avoid conflicting rulings and schedules, reduce litigation cost, and save the time and effort of the parties, the attorneys, the witnesses, and the courts." Manual for Complex Litigation § 20.131, p. 220 (4th ed. 2004). "Each action" transferred pursuant to § 1407, the provision instructs, "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 been previously terminated." § 1407(a).
II
The London InterBank Offered Rate (LIBOR) is a benchmark interest rate disseminated by the British Bankers' Association based on the rate at which certain banks predict they can borrow funds. LIBOR is a reference point in determining interest rates for financial instruments in the United States and globally.
In August 2011, the JPML established MDL No. 2262 (LIBOR MDL) for cases involving allegations that the banks named as defendants understated their borrowing costs, thereby depressing LIBOR and enabling the banks to pay lower interest rates on financial instruments sold to investors.
In re Libor-Based Financial Instruments Antitrust Litigation,
In June 2012, the District Court entertained a motion to dismiss four categories of cases included in the MDL. The first three categories involved putative class actions, each with a single lead case: (1) the Gelboim-Zacher action, filed on behalf of purchasers of bonds with LIBOR-linked interest rates; (2) an action filed on behalf of purchasers of over-the-counter LIBOR-based instruments (OTC plaintiffs); (3) an action filed on behalf of purchasers of LIBOR-based instruments on exchanges (Exchange plaintiffs). The fourth category, not relevant here, comprised a set of individual actions filed by Charles Schwab Corporation and related entities. The Gelboim-Zacher complaint asserted a federal antitrust claim under § 1 of the Sherman Act,
Determining that no plaintiff could assert a cognizable antitrust injury, the District Court granted the banks' motion to dismiss plaintiffs' antitrust claims-the sole claim raised in the Gelboim-Zacher complaint. Assuming that the Gelboim-Zacher plaintiffs were entitled to an immediate *904 appeal of right under § 1291because their suit had been "dismissed in [its] entirety," App. to Pet. for Cert. 219a, the District Court granted Rule 54(b)certifications to the OTC and Exchange plaintiffs authorizing them to appeal the dismissal of their antitrust claims while their other claims remained pending in the District Court.
On its own initiative, the Second Circuit dismissed the Gelboim-Zacher appeal because the "orde[r] appealed from did not dispose of all claims in the consolidated action." Id., at 2a. 2 The District Court thereafter withdrew its Rule 54(b)certifications in the OTC and Exchange plaintiffs' actions and, "given the reaction of the Second Circuit," App. 294, denied petitioners' request for a Rule 54(b)certification.
We granted review of the Second Circuit's judgment dismissing the Gelboim-Zacher appeal. 573 U.S. ----,
III
Cases consolidated for MDL pretrial proceedings ordinarily retain their separate identities,
3
so an order disposing of one of the discrete cases in its entirety should qualify under § 1291as an appealable final decision. Section 1407refers to individual "actions" which may be transferred to a single district court, not to any monolithic multidistrict "action" created by transfer. See
Lexecon Inc. v. Milberg Weiss Bershad Hynes & Lerach,
The District Court's order dismissing the Gelboim-Zacher complaint for lack of antitrust injury, without leave to amend, had the hallmarks of a final decision. Ruling on the merits of the case, the District Court completed its adjudication of petitioners' complaint and terminated their action. As a result of the District Court's disposition, petitioners are no longer participants in the consolidated proceedings. Nothing about the initial consolidation of their civil action with other cases in the LIBOR MDL renders the dismissal of their complaint in any way tentative or incomplete. As is ordinarily the case, the § 1407consolidation offered convenience for the parties and promoted efficient judicial administration, but did not meld the Gelboim-Zacher action and others in the MDL into a single unit. Cf. supra, at 904, n. 3. 5
The banks' view that, in a § 1407consolidation, no appeal of right accrues until the consolidation ends would leave plaintiffs like Gelboim and Zacher in a quandary about the proper timing of their appeals. Under Federal Rule of Appellate Procedure 4, which this Court has called "jurisdictional,"
Bowles v. Russell,
The sensible solution to the appeal-clock trigger is evident: When the transferee court overseeing pretrial proceedings in multidistrict litigation grants a defendant's dispositive motion "on all issues in *906 some transferred cases, [those cases] become immediately appealable ... while cases where other issues remain would not be appealable at that time." D. Herr, Multidistrict Litigation Manual § 9:21, p. 312 (2014).
The banks express concern that plaintiffs with the weakest cases may be positioned to appeal because their complaint states only one claim, while plaintiffs with stronger cases will be unable to appeal simultaneously because they have other claims still pending. Brief for Respondents 46-47. Rule 54(b)attends to this concern. District courts may grant certifications under that Rule, thereby enabling plaintiffs in actions that have not been dismissed in their entirety to pursue immediate appellate review. That is just what happened in this very case. The District Court granted Rule 54(b)certifications to the OTC and Exchange plaintiffs so they could appeal at the same time Gelboim and Zacher could. See supra, at 903 - 904. And if the MDL court believes that further proceedings might be relevant to a claim a defendant moves to dismiss, the court ordinarily can defer ruling on the motion, thus allowing all plaintiffs to participate in the ongoing MDL proceedings.
While Rule 54(b)can aid parties with multiple-claim complaints-here, the OTC and Exchange plaintiffs,
supra,
at 903 - 904-the rule, properly read, is of no avail to Gelboim and Zacher. Rule 54(b)addresses orders finally adjudicating fewer than all claims presented in a civil action complaint. It "does not apply to a single claim action nor to a multiple claims action in which all of the claims have been finally decided."
Mackey,
Section 1292(b), the banks conceded at argument, see Tr. of Oral Arg. 40-41, is inapposite here. It allows district courts to designate for review
interlocutory orders
"not otherwise appealable," where immediate appeal "may materially advance the ultimate termination of the litigation." § 1292(b). The designation may be accepted or rejected in the discretion of the court of appeals.
* * *
For the reasons stated, we reverse the judgment of the U.S. Court of Appeals for the Second Circuit deeming the District Court's dismissal of the Gelboim-Zacher complaint unripe for appellate review, and we remand the case for further proceedings consistent with this opinion.
It is so ordered.
Compare Rule 54(b), which lodges discretion to authorize appeals in district courts, with Federal Rule of Civil Procedure 23(f), which authorizes courts of appeals to permit an immediate appeal from a district court order granting or denying class-action certification.
The Second Circuit "strong[ly] presum[es]" that a "judgment in a consolidated [proceeding] that does not dispose of all [consolidated] claims ... is not appealable absent Rule 54(b)certification."
Hageman v. City Investing Co.,
Parties may elect to file a "master complaint" and a corresponding "consolidated answer," which supersede prior individual pleadings. In such a case, the transferee court may treat the master pleadings as merging the discrete actions for the duration of the MDL pretrial proceedings.
In re Refrigerant Compressors Antitrust Litigation,
We express no opinion on whether an order deciding one of multiple cases combined in an all-purpose consolidation qualifies under § 1291as a final decision appealable of right. See
Brown v. United States,
In delineating the narrow scope of the "collateral-order" doctrine, we have cautioned against permitting piecemeal,
prejudgment
appeals. Those admonitions, cited by the banks, Brief for Respondents 18-19, are not pertinent here. Under the collateral order doctrine, an order may be deemed "final" if it disposes of a matter "separable from, and collateral to" the merits of the main proceeding, "too important to be denied review," and "too independent of the cause itself to require that appellate consideration be deferred until the whole case is adjudicated."
Cohen v. Beneficial Industrial Loan Corp.,
In fact, "[f]ew cases [consolidated pursuant to § 1407] are remanded for trial; most multidistrict litigation is settled in the transferee court." Manual for Complex Litigation § 20.132, p. 223 (4th ed. 2004).
We need not decide whether or how Rule 54(b)applies to cases consolidated for all purposes involving closely related issues, actions that could have been brought under the umbrella of one complaint. Cf. supra, at 904 - 905, n. 4. The Rule surely was not designed to apply to numerous actions that the MDL panel combines for efficient pretrial proceedings because they have in common "one or more questions of fact," but otherwise vary in character.
Reference
- Full Case Name
- Ellen GELBOIM, Et Al., Petitioners v. BANK OF AMERICA CORPORATION Et Al.
- Cited By
- 75 cases
- Status
- Published