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United States Supreme Court Clarifies Right to Appeal Single Final Judgment amidst Cases Consolidated under FRAP 42(a).

Jacquelyn Mouquin consolidated, file an appeal, Third Circuit, FRAP 42(a), Supreme Court

It is not uncommon that related matters be consolidated pursuant to Federal Rule of Civil Procedure 42(a), such that discovery is held together and they are tried together. Nevertheless, final judgment may be entered in one of the consolidated matters before it is entered in the remaining matters. In Hall v. Hall, the Supreme Court held that the final judgment entered in the earlier of the consolidated cases is immediately appealable, even if the other consolidated cases remain pending. In making this holding, the Court rejected the suggestion that the final judgment in one of the consolidated cases be treated as an unappealable interlocutory order. The Supreme Court therefore reversed the Third Circuit’s dismissal of the appeal of one final judgment stemming from a consolidated case.

The Hall court explained that consolidation is historically understood “not as completely merging the constituent cases into one, but instead as enabling more efficient case management while preserving the distinct identities of the cases the rights of the separate parties in them.” The main point to be gleaned from Hall is that cases consolidated under FRAP 42(a) retain their individual existence, and thus should be treated individually when considering whether a final judgment is appealable. Although not specifically addressed by the court, this is important to remember because a party who believed that he should wait until after final judgments on all consolidated matters may miss the jurisdictional time to file an appeal.

 

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    Counsel Press Inc. Acquires AppealTech

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    Counsel Press Inc. Acquires AppealTech

    FOR IMMEDIATE RELEASE
    New York, New York (February 4, 2021) – Counsel Press Inc., the nation’s largest appellate services provider, announced today that it has finalized its agreement to acquire AppealTech.

    AppealTech was founded in 1998 in New York by a group of appellate professionals focused on assisting law firms and their clients, government agencies and nonprofit organizations in perfecting their appeals in the New York Appellate Courts, the U.S. Circuit Courts of Appeals and the United States Supreme Court.

    “AppealTech has a proven track record of providing high-quality service to the legal community and has developed thousands of meaningful customer relationships,” said Scott Thompson, Chief Executive Officer and President of Counsel Press. “The acquisition of AppealTech further reinforces our position as the nation’s leading appellate services provider, with more than 83 years of experience in preparing, filing and serving appeals in all state and federal appellate courts nationwide. We welcome AppealTech’s team members to Counsel Press. Together we remain committed to providing exceptional service for all of our clients,” added Mr. Thompson.

    “AppealTech’s clients will experience a seamless transition and will continue to receive the same high standards of service and professionalism that they have come to expect,” said Michael Kestan, the former owner and President of AppealTech.

    Counsel Press has set the highest standard in appellate preparations since 1938, earning the title, The Appellate Experts®. We proudly provide accurate, precise and compliant filings to thousands of customers, filing over 12,000 appeals across all 50 states and all appellate jurisdictions annually.

    For more information about Counsel Press, or its acquisition of AppealTech, please contact Samantha Williams, Director of Marketing, at marketing@counselpress.com or call 800-4-APPEAL.

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