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Fifth Circuit Holds MDL Transferee Judge Omnipresent

By Barry Barnett on February 9, 2007

The Fifth Circuit denied a petition for writ of mandamus to compel a federal judge in Houston (S.D. Tex.) to rule on motions to intervene and to quash a subpoena.  In re Clients and Former Clients of Baron & Budd, P.C., and Occupational Medical Resources, Inc., No. 06-20835 & 06-20835 (5th Cir. Feb. 8, 2007) (per curiam).  The Houston judge declined to decide the motions out of deference to pending multi-district litigation in Philadelphia (E.D. Pa.).  Because the Philadelphia judge, as the transferee judge of the MDL, has authority to act as judge in any district — including the Southern District of Texas — the panel held that the Houston judge did not abuse discretion.

Barry Barnett

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  • Posted in:
    Civil Litigation, Class Action & Mass Torts, Corporate & Commercial
  • Blog:
    The Contingency
  • Organization:
    Barry Barnett, Esq.
  • Article: View Original Source

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