If at first you don’t succeed . . .

MDL 2282, In re: Home Depot U.S.A., Inc., Wage and Hour Litigation, does not encompass a battle over venue, but one over whether centralization is in fact appropriate.  Home Depot claims “[t]hese seven actions are the remnants of an unsuccessful effort to certify a nationwide federal FLSA opt-in collective action and 25 state law classes pursuant to Rule 23 in the United States District Court for the District of New Jersey.”

Plaintiffs, led by Squitieri & Fearon, seek to consolidate five actions pending in other courts with two already pending in the D.N.J., and note that “a court’s class determination and the Panel’s determination under 28 U.S.C. § 1407 are ‘entirely different.'”  That’s certainly the case, at least in the Third Circuit.  A Panel motion doesn’t entail hundreds of thousands of dollars worth of expert evidence and multiple trips to the appellate court.

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  • About the blogmaster

    Bart Cohen is the principal of the Law Office of Bart D. Cohen, where he represents his clients in class actions and other complex litigation, and Winning Briefs, where he polishes, edits and drafts written work product for overextended lawyers.

    His unnatural appetites for rules and research of all kinds have made him an expert on proceedings before the Judicial Panel on Multidistrict Litigation. He feeds those appetites and chronicles the battles to land lead counsel appointments that are fought in part before the Panel on imPaneled.

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