Because Gelboim only asserted federal antitrust claims, the order dismissed everything in her action; by contrast, other actions in the consolidated proceedings included federal or state claims other than antitrust, which remained alive. But the Second Circuit sua sponte dismissed the appeal for lack of jurisdiction, concluding that there was no final decision from the district court, since the order did not dispose of all the claims in the entire consolidated MDL proceeding.Gelboim sought leave to amend her complaint, but it was denied. The court applied circuit precedent that when a judgment does not dispose of all claims in a consolidated action, there is a strong presumption that the judgment is not final and appealable, overcome only in “highly unusual circumstances.” The path around that precedent is district court certification under Federal Rule of Civil Procedure 54(b), which provides that a decision is final when it disposes of fewer than all claims or parties but there is “no just reason for delay” in appealing the resolved claims.
Management of a large number of separately represented parties; 4.
Coordination with related actions pending in one or more courts in other counties, states, or countries, or in federal court; and/or 5. Essentially if there are a large number of complicated issues or a large number of parties that would cause the court to have to spend additional time on an individual plaintiff’s case then the court would more likely deem the case to be complex.
The case arises out of numerous individual and class actions filed across several federal districts, alleging that banks and financial institutions manipulated the London Interbank Offered Rate (“LIBOR”), an important benchmark for setting short-term interest rates in the United States.
These actions were consolidated for pretrial purposes in the United States District Court for the Southern District of New York, pursuant to the MDL statute.
Consolidated financial statements aggregate the financial position of a parent company and its subsidiaries.