United States Second Circuit

In a consolidated case which clarifies the circumstances under which judgments entered in some, but not all, cases that have been consolidated are final for purposes of appellate jurisdiction, defendant's motion to dismiss appeals of orders dismissing two of several cases consolidated is granted where: 1) the two subject cases of the pending motion, were consolidated with other cases in the District Court for all purposes, and because the Supreme Court in Gelboim v. Bank of America Corp., 135 S. Ct. 897 (2015), explicitly declined to express an opinion on the appealability of a dismissal of one of multiple cases in such a consolidation, Gelboim does not oblige us to reconsider the continuing validity of Hageman v. City Investing Co., 851 F.2d 69 (2d Cir. 1988); and 2) Applying Hageman, there is nothing in the plaintiffs' papers that overcomes the strong presumption that the judgment is not appealable.

Appellate Information

• Published 2016/09/27

Judges

• NEWMAN

Court

• United States Second Circuit

Counsel