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Upcoming Supreme Court Case Highlights Appealability Pitfalls When Cases Are Consolidated

07/31/2014

Consolidation of cases in federal courts can take many forms. Sometimes cases are consolidated for all purposes. Sometimes, they are consolidated only for limited purposes of discovery or pretrial proceedings. A case in which the United States Supreme Court recently granted certiorari raises the troublesome question of when a decision in a case that has been consolidated is appealable, and whether the form of consolidation that was ordered in the case determines the answer to that question.

 

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