When MDL judges go rogue

five years ago”>Alison Frankel Five years canada goose coats ago, the Judicial Panel on Multidistrict Litigation assigned Canada Goose sale Michael McCuskey, then chief judge of the federal district court, Illinois, to oversee consolidated class action claims that the roofing company IKO Manufacturing misled customers about the quality of certain organic asphalt shingles. McCuskey accepted the assignment, but just four Canada Goose online months later, he informed lawyers for IKO, the purchasers that he was swamped with other cases. McCuskey accepted the assignment in December 2009, but just four months later, he informed lawyers for canada goose coats on sale IKO and the purchasers that he was swamped with other cases. canada goose uk shop Before he done much of anything in the shingle litigation, McCuskey turned the case over to the only other judge in the courthouse, Harold Baker. canada goose clearance The MDL judges continued to send tag along suits against IKO to McCuskey, presumably unaware that all he did was pass them in turn to Baker. Circuit Court of Appeals explained in an unusual opinion Wednesday, Judge Baker had already denied class certification to shingle purchasers. Issacharoff, who wasn involved in the roofing shingle case in the lower court, agreed that cheap canada goose uk was an troubling question. He said he didn think Baker was empowered to rule at the time he denied class certification, but added that because the MDL panel has since appointed him, simply vacating Baker previous canada goose uk black friday denial would be a waste of time because the trial judge would just make the same finding on remand and the class would http://www.mycanadagoosejacket.org Canada Goose Online be back at the 7th Circuit with the same appeal in six months. McCuskey purported transfer buy canada goose jacket of the case in 2010, Easterbrook said, no more legal effect than the Chicago Tribune assigning it. we had gone back to the panel and said, this away from Judge Baker, let canada goose be realistic, we would have had a very upset pair of judges, Murphy said. He told the 7th Canada Goose Outlet Circuit that the class hadn raised the issue either. put the burden on us, Murphy said, which canada goose uk outlet prompted Easterbook to respond, have a problem about what to do. Bluster isn going to solve our problem. She ordered both sides to brief the issue. IKO submitted a rather perfunctory five page memo noting the dearth of case law. The more extensive class brief, filed by Issacharoff, agreed that there no case law on the particular questions Wood asked, but explained that there actually a gap in the MDL rules. One rule specifies that consolidated cases are transferred to specific judges; another that they transferred to particular districts. That ambiguity, the brief said, supports Wood suggestion that the problem in the shingle litigation was just procedural, especially because the MDL panel seemed to acknowledge in its transfer order in February that Baker was already handling the case. defect in the administration of this case is uk canada goose outlet not a matter of a lower court arrogating to itself a power that has been withheld by Congress, but rather sloppiness in administrative procedures, the class brief said. that no party objected or claims to have been harmed by this, and given the investment of four years of litigation resources, treating the deficiency as if it were indeed jurisdictional appears unwarranted. That the approach the 7th Circuit adopted in Wednesday opinion, deciding that it might as well proceed canada goose outlet to the merits of the shingle purchasers appeal. And ironically, it turned out to be a smart move for Issacharoff to argue for the jurisdiction of a judge who had consistently ruled against the class. Supreme Court holdings in Comcast v. Behrend and Wal Mart v. Dukes. They Canada Goose Coats On Sale vacated his class certification denial and ordered him to reconsider certification using their plaintiff friendly interpretation of damages for consumer classes. On Thursday, I asked Issacharoff whether the 7th Circuit decision uk canada goose gives trial judges carte blanche to transfer MDL canada goose clearance sale dockets without asking the MDL panel. He said no. What Canada Goose Parka this case highlighted, Issacharoff said, is an administrative flaw: the time lag between a judge surrendering an MDL typically because of retirement or death and the MDL panel issuing a transfer order. The MDL panel, he said, ought to institute an unambiguous policy on transfers to eliminate the lag. I left a phone canada goose factory sale message for IKO lawyer Murphy but didn hear back. judge canada goose black friday sale chides Cobell lawyers for trying to squelch appeal.

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