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Fedex Ground Package System, Inc v. United States Judicial Panel

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SUBMITTED JULY 27, 2011

Before MANION, SYKES, and HAMILTON, Circuit Judges.

This petition for the extra- ordinary writ of mandamus presents an important ques- tion concerning the management of appeals in multi- district litigation under 28 U.S.C. § 1407 when portions of some cases must be returned to their original transferor courts. In this case, the Judicial Panel on Multidistrict Litigation (JPML) chose one of two alterna- tive courses. The JPML chose to ensure that each case produces one appeal of all issues in that case, rather than using partial final judgments under Federal Rule of Civil Procedure 54 (b) to ensure that all related appeals would go to the same circuit. As we explain below, we agree with the JPML that there are strong arguments for both sides of this procedural dispute, and we defer to the JPML’s exercise of its discretion in this matter. In terms of the standards for issuing writs of mandamus, we find that the petitioner has failed to show that it has a clear and indisputable right to issuance of the writ, so its petition is denied.

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