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Friday, November 18, 2011

Ind. Decisions - 7th Circuit opinion yesterday re Multidistrict Litigation

In Fed. Ex v. US Judicial Panel on Multidistrict Litigation, a 7-page opinion, Judge Hamilton writes:

This petition for the extraordinary writ of mandamus presents an important question concerning the management of appeals in multidistrict litigation under 28 U.S.C. § 1407 when portions of some cases must be returned to their original transferor courts. In this case, the Judicial Panel on Multidistrict Litigation (JPML) chose one of two alternative courses. The JPML chose to ensure that each case produces one appeal of all issues in that case, rather than using partial final judgments under Federal Rule of Civil Procedure 54(b) to ensure that all related appeals would go to the same circuit. As we explain below, we agree with the JPML that there are strong arguments for both sides of this procedural dispute, and we defer to the JPML’s exercise of its discretion in this matter. In terms of the standards for issuing writs of mandamus, we find that the petitioner has failed to show that it has a clear and indisputable right to issuance of the writ, so its petition is denied.
For more, see this entry from Alison Frankel's On the Case.

Posted by Marcia Oddi on November 18, 2011 01:03 PM
Posted to Ind. (7th Cir.) Decisions