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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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