By: WISCONSIN LAW JOURNAL STAFF//November 17, 2011//
United States Court of Appeals
Civil
Civil Procedure – MDL — mandamus
It was not unreasonable for a court handling multidistrict litigation to enter judgments in each case and transfer them, rather than partial final judgments.
“The choice between these two methods of case management is best left to the transferee court and JPML, without trying to impose a rigid rule for all cases and circumstances. The transferee district court knows well the issues and dynamics of the particular case. The JPML brings to bear decades of experience with more than a thousand MDL proceedings, which have included some of the most complex and challenging cases in the history of the federal courts. The choice between these two methods of case management is an archetype for a discretionary judgment, and the transferee court and the JPML are in the best position to make that judgment. In terms of the standards for issuing writs of mandamus, it would be rare for one party to have a ‘clear and indisputable right’ to one method over the other.”
Petition Denied.
11-2438 FedEx Ground Package System, Inc., v. U.S. Judicial Panel on MDL
Petition for a Writ of Mandamus to the United States Judicial Panel on Multidistrict Litigation, Hamilton, J.