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Civil Procedure — multi-district litigation

United States Court of Appeals For the Seventh Circuit


Civil Procedure — multi-district litigation

Parties cannot self-select the court which will hear an appeal subject to 28 U.S.C. 2112.

“The ‘Renewed Unopposed Motion’ tells us that it will be more convenient to transfer the Utility District’s petition than to follow the statutory procedures. Convenient for the Commission, maybe, but a court’s views of convenience (or of wise policy more generally) are poor grounds for disregarding a law. The Commission’s motion rests on an unarticulated belief that, despite a statute establishing rules of procedure, courts can do anything they think wise. Not at all; courts lack common-law authority to disregard legislation that sets rules for the conduct of litigation. See, e.g., United States v. Hasting, 461 U.S. 499, 505–07 (1983); Bank of Nova Scotia v. United States, 487 U.S. 250, 254–57 (1988). The motion to transfer is denied.”

Motion Denied.

12-2248 Sacramento Municipal Utility District v. FERC

On Motion to Transfer, Easterbrook, J.

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