Together, But Independent – Finality Under Rule 42(a) Consolidation

The United States Supreme Court recently clarified that cases consolidated under Rule 42(a) of the Federal Rules of Civil Procedure retain their independent identities "at least to the extent that a final decision in one is immediately appealable by the losing party."

In Hall v. Hall, 584 U. S. ____ (2018), a lawyer managed his mother's real estate holdings. The mother, individually and in her capacity as trustee of her inter vivos trust, sued the son and his law firm. After the mother died, her daughter took over as a successor trustee, and the son filed counterclaims against his sister, individually and as the successor trustee. Because the sister was not a party in the first suit, however, the counterclaims against her individually were dismissed, and the son filed a separate suit against his sister in her individual capacity.