Difference between intervening and consolidating cases
Thereafter, State Farm moved for summary disposition and argued that the dismissal of the underlying plaintiff's case operated as an adverse adjudication on the merits pursuant to MCR 2.504, which bars the service providers from proceeding with their derivative claims.
The service providers argued that their claims should be allowed to proceed because Michigan law allows for such providers to bring a cause of action in their own name. All documentary evidence submitted by the parties is considered, and it is considered in the light most favorable to the nonmoving party. The parties agree, or at least the service providers concede, that if the elements of an injured party's no-fault act claim fails substantively, based on the merits (for example, if the individual's injury is not the result of an automobile accident), any providers of services would have no claim against the insurer, because their claims are derivative.
Consolidated financial statements aggregate the financial position of a parent company and its subsidiaries.
This allows an investor to check the overall health of the company in a holistic manner rather than viewing the individual company's financial statements separately.
Accounting treatment of both combined and consolidated financial statement eliminates intercompany transactions.
That statute provides that when “civil actions” involving “one or more common questions of fact” are pending in different federal districts, they may be transferred to a single district for “coordinated or consolidated pretrial proceedings” – typically discovery, pre-trial dispositive motions, and settlement.
At the close of pretrial proceedings, each remaining action is remanded to its original district for trial, unless the action has been resolved in the transferee district.
presents a routine question in a highly complex procedural context: When a district court dismisses all claims in one civil action that has been consolidated with other cases for pre-trial purposes through Multi-District Litigation, is that decision a final and immediately appealable order?
Given the pervasiveness of complex litigation, and the increasing import of MDL procedures in light of recent retrenchment on class actions, the question may well prove significant.