United States Supreme Court
Gelboim v. Bank of America Corp., 13-1174
In this multi-district class action, the district court granted defendants' motion to dismiss without leave to amend, and the 2nd Circuit, acting on its own motion, dismissed the appeal filed by plaintiffs Gelboim and Zacher for want of appellate jurisdiction. The judgment of the Second Circuit is reversed, where: 1) the Gelboim-Zacher complaint retained its independent status for purposes of appellate jurisdiction under 28 U.S.C. section 1291; and 2) plaintiffs' right to appeal ripened when the district court dismissed their case, not upon eventual completion of multi-district proceedings in all of the consolidated cases.
Appellate Information
- Decided 01/21/2015
- Published 01/21/2015
Judges
- Ginsburg
Court
- United States Supreme Court