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To: TexasGurl24

Is it standard procedure to consolidate an appeals case using a circuit court lottery? Why can’t the consolidation stay at the 5th Circuit?


20 posted on 12/17/2021 6:29:32 PM PST by ViLaLuz (2 Chronicles 7:14)
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To: ViLaLuz

Yes. 28 U.S.C. § 1407


22 posted on 12/17/2021 6:32:23 PM PST by TexasGurl24
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To: ViLaLuz
Is it standard procedure to consolidate an appeals case using a circuit court lottery? Why can’t the consolidation stay at the 5th Circuit?

Yes, it is standard procedure. Petitions for review of the OSHA ETS were filed in pretty much every U.S. judicial circuit by various parties, including those posturing for a more stringent rule. The Fifth Circuit happened to rule first, on the request for stay submitted to it. But it's typical in these circumstances of multi-district or multi-circuit litigation for a random lottery to be used to determine which federal district court or judicial Circuit will hear a consolidated challenge.

29 posted on 12/17/2021 6:39:35 PM PST by DSH
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