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7th Circuit decides MDL appeal question

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The 7th Circuit Court of Appeal wants each federal judge handling multi-district litigation to have the flexibility to choose between sending parts of unresolved cases back to the original courts or keep those in one jurisdiction, once a final district-level decision has been made and the time for appeal arrives.

In what it describes as an “important question concerning the management of appeals in multi-district litigation” under 28 U.S.C. § 1407, the federal appellate panel upheld a decision made initially by U.S. Judge Robert Miller in the Northern District of Indiana and affirmed by the U.S. Judicial Panel on Multidistrict Litigation.

The appellate decision came in FedEx Ground Package System, Inc. v. United States Judicial Panel on Multidistrict Litigation, No.11-2438.

This appeal involves Miller’s handling of a line of cases involving FedEx drivers nationwide who were in a dispute with the worldwide shipping company about whether they were independent contractors or employees entitled to back pay and full benefits. More than 70 cases from federal courts nationwide were transferred to Miller’s jurisdiction in South Bend starting in 2005 and consolidated into one MDL case for pre-trial proceedings. Last year, the Indiana federal judge ruled in the company’s favor on most cases and found that the FedEx drivers were independent contractors, and he threw out the claims that FedEx had misidentified drivers’ employment status and owed them back pay, overtime and other damages.

Miller’s summary judgment decisions resolved all of the claims in 22 of the still-pending MDL cases at the time, and those final judgments are being appealed to the 7th Circuit. But other claims remained in 12 pending MDL cases that Miller presided over, and those cases didn’t have a final appealable judgment.

So, Miller faced a choice: issue partial final judgments in those unresolved 12 cases to allow those parties to file appeals in the 7th Circuit where the other claims are being addressed, or follow the usual course of action and send those cases back to the jurisdictions where they originated so that any final judgments and appeals would flow through those Circuits. Choosing one option meant the courts lose the advantages of the other option, and the parties in this FedEx case disagreed on their preferences.

The Indiana judge remanded the cases and recommended that the JPML – having final authority over the question – do the same. The national panel agreed with Miller, who has been a member of the JPML in the past.

FedEx disagreed and asked the 7th Circuit to review that decision and issue a writ of mandamus requiring the cases be consolidated for appeal in the 7th Circuit. The 7th Circuit decided to leave the decision up to the federal judge presiding over the MDL case.

“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,” Judge David Hamilton wrote for the panel that included Judges Daniel Manion and Diane Sykes. “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 positions to make that judgment.”
 

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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