Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

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

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Southwest 2024
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Women, Influence & Power in Law US Awards 2024
September 24, 2024
Chicago, IL

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More
Women, Influence & Power in Law (WIPL) 2024
September 23, 2024 - September 25, 2024
Chicago, IL

WIPL is the original global forum facilitating women-to-women exchange on leadership and legal issues.


Learn More
Go to Events Go to Webcasts
PUBLIC FINANCE ATTORNEY

Public Finance Attorney wanted for established New Jersey bond counsel firm located in Cranford, New Jersey. New Jersey municipal and schoo...


Apply Now ›
TAX ATTORNEY - NEW YORK

Experienced tax attorney to assist growing corporate practice. Candidate should have a minimum of 7 years' experience in corporate and par...


Apply Now ›
(ASSOCIATE) PROFESSOR OF PRACTICE OFFICE FOR ACADEMIC SKILLS INSTRUCTION AND SUPPORT

University of California College of the Law, San Francisco ( UC Law SF, formerly, UC Hastings ), located in downtown San Francisco, seeks...


Apply Now ›
Go to Lawjobs