• January 11, 2012

Ask Larry Craig, he’ll vouch for that.

Other evidence supporting the subject line’s proposition: this week Sr. U.S. District Court Judge Richard H. Kyle (D. Minn.) filed a “Suggestion of Remand” to the Judicial Panel on Multidistrict Litigation (the “JPML“), requesting that the “body odor won’t go away no matter what you say” (A.L.S. Enterprises consumer fraud class action) cases be returned to the far-flung district courts from which they were collected.

For years, Minnesota Litigator has heard experienced trial lawyers say that lawsuits subject to federal multi-district consolidation, once consolidated, never get remanded.  (Most cases, that is, are settled at some point after consolidation and before remand.)  Never say never.

If the JPML accepts Judge Kyle’s suggestion to remand, this might be particularly vexing to defendants in the case since they have a pending dispositive motion before Judge Kyle which they had surely been hoping would definitively kill these cases off in the Twin Cities…

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