Fifth Circuit Holds MDL Transferee Judge Omnipresent

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

Subscribe here.