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

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

by Brian J. Donovan

494 pages
Approximately 40% of the civil cases pending in the nation's federal courts are consolidated in MDLs. This has resulted in a shift away from the rule of law to a system of arbitrary justice. A single power-grabbing MDL judge is able to deny justice to hundreds of thousands of plaintiffs.

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Category: Law
About the Book
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."

 

 

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.

 

 

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