Gelboim v. Bank of America Corporation

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-1174	2d Cir.	Dec 9, 2014 Tr.Aud.	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)
Argument analysis: Finality and a tale of two rules (Howard M. Wasserman)
Argument preview: Finality, consolidation, and multi-district litigation (Howard M. Wasserman)

Date	Proceedings and Orders (key to color coding)
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.

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Editor's Note :

Gelboim v. Bank of America Corporation

SCOTUSblog Coverage

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City returns in gun-rights case – Amy Howe

A Supreme Court ceremony for Justice Stevens: “A modest and humble man” – Mark Walsh

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Holiday

Download our App in the Apple Store

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Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award