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What Harold Feld ACTUALLY said »
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TKJunkMail
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reply to Bill Dollar
Re: PMJL is a Lottery

said by Bill Dollar :

Actually, the "experience" that the DC court may or may not have had nothing to do with the choice to move the case to the DC circuit. The PMJL just generated (in this case 4) random numbers, and DC's number came up.

The fact that TK Junk Mail does not know how this process works makes it clear that his opinion of the DC circuit being "non-activist" is just more pro-industry BS.
You are wrong and so is Feld. 1st of all it is JPML and not PMJL as he calls it. The judges take in to account various factors when deciding what court hears a case filed in multiple jurisdictions.

»www.abanet.org/litigation/litiga···icle.pdf
The most important procedural device created for defendants in multijurisdictional litigation in the past
fifty years is the multidistrict litigation (MDL) process, including the formation of the Judicial Panel on
Multidistrict Litigation (the JPML, or MDL Panel).4 The JPML, made up of seven federal judges
designated by the chief justice of the U.S. Supreme Court, has the power to transfer cases pending in
federal district courts across the country to one federal court for all pretrial proceedings.

Believe it or not, factors like airline schedules and the cost
of hotels may be a key factor in the MDL Panel’s decision to transfer the cases to a particular location.
Other factors that the MDL Panel may consider include the location of witnesses and documents, the
residence of the parties, the expertise or familiarity of a particular district court with the subject matter,
the locations of the pending actions (including whether there are a majority of pending actions in one
district court), the location of the first filed matter, the congestion on the dockets of the various possible
courts, and the location of the alleged misconduct.

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Forums » Comcast Catches a Break In FCC Throttling FightWhat Harold Feld ACTUALLY said »


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