Can Judges Coordinate Parallel Litigation?
Professor Bert Huang published a new article in the Texas Law Review, title Coordinating Injunctions. He proposes a solution to the problem of federal judges issuing conflicting injunctions:
When faced with a possible clash of injunctions, each district judge should issue or stay her intended relief in accordance with the real-world outcome she thinks the majority of district judges would choose. Following such a shared convention, judges with diverse views will have a better chance of avoiding a clash because their estimates of the majority view are probably more similar than their individual views. And a stay would not signify abandoning a judge’s own views (which are still fully aired in her written opinion) but would instead reflect an awareness that other judges’ views
Article from Latest – Reason.com