ISBN-10:
163492844X
ISBN-13:
9781634928441
Pub. Date:
Publisher:
COLLUSION: Judicial Discretion vs. Judicial Deception - The Impending Meltdown of the United States Federal Judicial System

COLLUSION: Judicial Discretion vs. Judicial Deception - The Impending Meltdown of the United States Federal Judicial System

by Brian J. Donovan

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Overview

The meltdown of the U.S. federal judicial system will occur when the public realizes that:

(a) judicial discretion in MDLs is replaced by judicial deception; (b) MDLs are grossly unfair, unreasonable, and inadequate for the plaintiffs; and (c) a relatively small group of self-interested “cooperative” attorneys are permitted to be grossly over-compensated for merely acting as dealmakers.

The immediate cause of the 2008 meltdown of the financial services industry was the explosion in the unregulated market of CDOs on the frontend and CDSs on the backend. The immediate cause of the meltdown of the U.S. federal judicial system will be MDL's unauthorized use of victims’ compensation funds on the frontend and settlement class actions on the backend.

As Judge Patrick E. Higginbotham explains, “The disconnect between the power of the MDL judge and the power that the judge exercises rests on a statute that authorizes only the transfer of cases to that judge for purposes of pretrial proceeding with return to their filing homes, as the U.S. Supreme Court made clear in Lexecon. The rest of the operation finds its footing in some form of consent and assertions of implied and inherent authority sometimes on little more than empty air.”



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Product Details

ISBN-13: 9781634928441
Publisher: BookLocker.com Inc
Publication date: 04/20/2018
Pages: 494
Product dimensions: 6.00(w) x 9.00(h) x 1.10(d)

About the Author

Brian J. Donovan is the founder of Donovan Law Group, PLLC and the co-founder of ChinAmerica Legal Advisors, PLLC. Donovan, a graduate of the U.S. Merchant Marine Academy and Syracuse University College of Law, has over forty years of international legal experience. His practice focuses on international business development and complex business litigation. Donovan is considered to be a leading authority on multidistrict litigation.

Table of Contents

PROLOGUE

THE BIRTH OF MULTIDISTRICT LITIGATION

THE LEXECON RULE VS. THE HEYBURN RULE

THE ISSUE OF REMAND

STATISTICS ON MDL

THE 8-STEP MDL PLAN TO MAXIMIZE JUDICIAL EFFICIENCY

THE BP OIL WELL BLOWOUT “LITIGATION”

BRIEF DESCRIPTION OF THE BLOWOUT

THE OIL POLLUTION ACT OF 1990

TOXIC TORT

THE TRANSFER ORDER

THE TRANSFEREE JUDGE

THE KENNETH R. FEINBERG FUND APPROACH

THE PLAINTIFFS’ STEERING COMMITTEE

HOW BP AVOIDED STRICT LIABILITY

THE STATE COURT CASES

THE AGREEMENT-IN-PRINCIPLE

THE TRANSITION TO THE COURT-SUPERVISED SETTLEMENT PROGRAM

THE PRELIMINARY APPROVAL ORDER

WHY JUDGE BARBIER’S REASONING IS FLAWED

THE “FAIRNESS” HEARING

FINAL APPROVAL OF THE SETTLEMENT CLASS ACTION AGREEMENT

THE CWA PER-BARREL CIVIL PENALTY

THE POST-SETTLEMENT MOP-UP PROCEDURE

JUDICIAL DISCRETION VS. JUDICIAL DECEPTION

FIFTY EXAMPLES OF JUDICIAL DECEPTION BY THE MDL 2179 COURT

THE HIGHLY COMPENSATED “THOUGHT LEADERS”

THE TRUE “THOUGHT LEADERS”

US VS. THEM

THE PERVERSION

THE COMMODITY EXCHANGE

“COME INTO THE FOLD,” PAY US, AND KEEP QUIET

FOURTEEN QUESTIONS THE PSC REFUSED TO ANSWER

NINE EXAMPLES OF HOW AN MDL PSC FLAUNTS ETHICAL RULES

WHY IT IS DIFFICULT TO HOLD SELF-DEALING PSC ATTORNEYS ACCOUNTABLE

THE PROFESSIONAL OBJECTORS

SHOW ME THE MONEY

DEFINING JUSTICE

COMPENSATION PAID TO KENNETH R. FEINBERG BY BP

COMPENSATION PAID TO BP OIL WELL BLOWOUT VICTIMS

COMPENSATION PAID TO MDL 2179 PSC ATTORNEYS AND THEIR LAW FIRMS

A TALE OF TWO COMMON BENEFIT ATTORNEYS

CONSTITUTIONAL ISSUES

THE MDL SETTLEMENT CLASS ACTION: AN OVERVIEW

WHERE’S THE CASE OR CONTROVERSY?

WHERE’S THE DUE PROCESS?

THE DAY-IN-COURT IDEAL IN MDL

OPT-OUT VS. OPT-IN

ADDRESSING THE UNCONSTITUTIONAL MDL

HOW A MELTDOWN CAN BE AVOIDED

HOW TO HOLD AN MDL ACCOUNTABLE

COLLUSION

EPILOGUE

APPENDIX

CHRONOLOGY OF EVENTS IN THE BP OIL WELL BLOWOUT MDL

REPEAT PLAYERS AND COOPERATIVE DEALMAKERS APPOINTED TO MDL 2179 PSC

REMOVAL AND SUBSEQUENT TRANSFER OF A STATE COURT CASE TO MDL 2179 (CHRONOLOGY OF EVENTS)

DEEPWATER HORIZON CLAIMS CENTER

STATUS REPORTS

NOTES

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