McCullough v. World Wrestling Entm’t

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WWE, relying on the court's decision in Hageman v. City Investing Co., moved to dismiss these appeals on the ground that other consolidated cases remained pending in the district court. Because the McCullough and Haynes cases, the subjects of the pending motion, were consolidated with other cases in the district court for all purposes, and because the Supreme Court in Gelboim v. Bank of America Corp. explicitly declined to express an opinion on the appealability of a dismissal of one of multiple cases in such a consolidation, Gelboim does not oblige the court to reconsider the continuing validity of Hageman. Applying Hageman, the court sees nothing in plaintiffs' papers that overcomes the “strong presumption that the judgment is not appealable.” Accordingly, the motion to dismiss the appeals in 16-1231 and 16-1237 is granted, without prejudice to renewal of these appeals upon entry of a final judgment in the district court disposing of all the cases with which the McCullough and Haynes cases have been consolidated. View "McCullough v. World Wrestling Entm't" on Justia Law