COLLUSION

PROLOGUE
THE BIRTH OF MULTIDISTRICT LITIGATION
THE LEXECON RULE VS. THE HEYBURN RULE
THE ISSUE OF REMAND
STATISTICS ON MDL
THE 8-STEP MDL PLAN TO MAXIMIZE JUDICIAL EFFICIENCY
THE BP OIL WELL BLOWOUT “LITIGATION”
BRIEF DESCRIPTION OF THE BLOWOUT
THE OIL POLLUTION ACT OF 1990
TOXIC TORT
THE TRANSFER ORDER
THE TRANSFEREE JUDGE
THE KENNETH R. FEINBERG FUND APPROACH
THE PLAINTIFFS’ STEERING COMMITTEE
HOW BP AVOIDED STRICT LIABILITY
THE STATE COURT CASES
THE AGREEMENT-IN-PRINCIPLE
THE TRANSITION TO THE COURT-SUPERVISED SETTLEMENT PROGRAM
THE PRELIMINARY APPROVAL ORDER
WHY JUDGE BARBIER’S REASONING IS FLAWED
THE “FAIRNESS” HEARING
FINAL APPROVAL OF THE SETTLEMENT CLASS ACTION AGREEMENT
THE CWA PER-BARREL CIVIL PENALTY
THE POST-SETTLEMENT MOP-UP PROCEDURE
JUDICIAL DISCRETION VS. JUDICIAL DECEPTION
FIFTY EXAMPLES OF JUDICIAL DECEPTION BY THE MDL 2179 COURT
THE HIGHLY COMPENSATED “THOUGHT LEADERS”
THE TRUE “THOUGHT LEADERS”
US VS. THEM
THE PERVERSION
THE COMMODITY EXCHANGE
“COME INTO THE FOLD,” PAY US, AND KEEP QUIET
FOURTEEN QUESTIONS THE PSC REFUSED TO ANSWER
NINE EXAMPLES OF HOW AN MDL PSC FLAUNTS ETHICAL RULES
WHY IT IS DIFFICULT TO HOLD SELF-DEALING PSC ATTORNEYS ACCOUNTABLE
THE PROFESSIONAL OBJECTORS
SHOW ME THE MONEY
DEFINING JUSTICE
COMPENSATION PAID TO KENNETH R. FEINBERG BY BP
COMPENSATION PAID TO BP OIL WELL BLOWOUT VICTIMS
COMPENSATION PAID TO MDL 2179 PSC ATTORNEYS AND THEIR LAW FIRMS
A TALE OF TWO COMMON BENEFIT ATTORNEYS
CONSTITUTIONAL ISSUES
THE MDL SETTLEMENT CLASS ACTION: AN OVERVIEW
WHERE’S THE CASE OR CONTROVERSY?
WHERE’S THE DUE PROCESS?
THE DAY-IN-COURT IDEAL IN MDL
OPT-OUT VS. OPT-IN
ADDRESSING THE UNCONSTITUTIONAL MDL
HOW A MELTDOWN CAN BE AVOIDED
HOW TO HOLD AN MDL ACCOUNTABLE
COLLUSION
EPILOGUE
APPENDIX
CHRONOLOGY OF EVENTS IN THE BP OIL WELL BLOWOUT MDL
REPEAT PLAYERS AND COOPERATIVE DEALMAKERS APPOINTED TO MDL 2179 PSC
REMOVAL AND SUBSEQUENT TRANSFER OF A STATE COURT CASE TO MDL 2179 (CHRONOLOGY OF EVENTS)
DEEPWATER HORIZON CLAIMS CENTER 
STATUS REPORTS
NOTES