The Looming Battle for Control of Multidistrict Litigation in Historical Perspective

2018 marks fifty years since the passage of the Multidistrict Litigation Act. But instead of thoughts of a golden-anniversary celebration, an old Rodney Dangerfield one-liner comes to mind: “[M]y last birthday cake looked like a prairie fire.” Indeed, after a long period of relative obscurity, multidistrict litigation (MDL) has become a subject of major controversy—and not only among scholars of procedure. For a long time, both within and beyond the rarified world of procedure scholars, MDL was perceived as the more technical, less extreme cousin of the class action, which attracted most of the controversy. My goal in this Article is to shed light on the reasons the Multidistrict Litigation Act was constructed as it was and suggest that those engaged in the current debate ask, after becoming informed by available data, whether those reasons have lost any of their currency. I also offer some tenuous predictions about the path forward, recognizing that the prediction business is a dangerous one in the current political climate. First, I review the history to explain why the MDL framework was built without Rules Committee involvement. Then, I fast-forward to the present day and discuss briefly the nascent proposals to either amend the MDL statute or provide for Federal Rules of Civil Procedure for MDL. Finally, I conclude by assessing the current debate and make some suggestions as this debate winds its way forward. In 1968, the small cadre of judges who developed and fought for the MDL statute won the battle for procedural power. Today, fifty years later, the MDL statute continues to operate as they imagined. However, with success comes scrutiny, and what had been settled is now once again up for debate

Discovery of Two Simultaneous Kilohertz Quasi-Periodic Oscillations in KS 1731-260

We have discovered two simultaneous quasi-periodic oscillations (QPOs) at 898.3+/-3.3 Hz and 1158.6+/-9.0 Hz in the 1996 August 1 observation of the low-mass X-ray binary KS 1731-260 with the Rossi X-ray Timing Explorer. The rms amplitude and FWHM of the lower frequency QPO were 5.3+/-0.7 % and 22+/-8 Hz, whereas those of the higher frequency QPO were 5.2+/-1.0 % and 37+/-21 Hz. At low inferred mass accretion rate both QPOs are visible, at slightly higher mass accretion rate the lower frequency QPO disappears and the frequency of the higher frequency QPO increases to ~1178 Hz. At the highest inferred mass accretion rate this QPO is only marginally detectable (2.1 sigma) near 1207 Hz, which is the highest frequency so far observed in an X-ray binary. The frequency difference (260.3+/-9.6 Hz) between the QPOs is equal to half the frequency of the oscillations observed in a type I burst in this source (at 523.92+/-0.05 Hz, Smith, Morgan and Bradt 1997). This suggests that the neutron star spin frequency is 261.96 Hz (3.8 ms), and that the lower frequency QPO is the beat between the higher frequency QPO, which could be a preferred orbital frequency around the neutron star, and the neutron star spin. During the 1996 August 31 observation we detected an additional QPO at 26.9+/-2.3 Hz, with a FWHM and rms amplitude of 11+/-5 Hz and 3.4+/-0.6 %.Comment: 6 pages including 3 figures, Astrophysical Journal Letters, in press (issue 482

The Orbit and Position of the X-ray Pulsar XTE J1855-026 - an Eclipsing Supergiant System

A pulse timing orbit has been obtained for the X-ray binary XTE J1855-026 using observations made with the Proportional Counter Array on board the Rossi X-ray Timing Explorer. The mass function obtained of ~16Mo together with the detection of an extended near-total eclipse confirm that the primary star is a supergiant as predicted. The orbital eccentricity is found to be very low with a best fit value of 0.04 +/- 0.02. The orbital period is also refined to be 6.0724 +/- 0.0009 days using an improved and extended light curve obtained with RXTE's All Sky Monitor. Observations with the ASCA satellite provide an improved source location of R.A. = 18h 55m 31.3s}, decl. = -02o 36' 24.0" (2000) with an estimated systematic uncertainty of less than 12". A serendipitous new source, AX J1855.4-0232, was also discovered during the ASCA observations.Comment: Accepted for publication in the Astrophysical Journa

Rossi X-ray Timing Explorer Observations of the X-ray Pulsar EXO 1722-363 - a Candidate Eclipsing Supergiant System

Observations made of the X-ray pulsar EXO 1722-363 using the Proportional Counter Array and All Sky Monitor on board the Rossi X-ray Timing Explorer reveal the orbital period of this system to be 9.741 +/- 0.004 d from periodic changes in the source flux. The detection of eclipses, together with the values of the pulse and orbital periods, suggest that this source consists of a neutron star accreting from the stellar wind of an early spectral type supergiant companion. Pulse timing measurements were also obtained but do not strongly constrain the system parameters. The X-ray spectra can be well fitted with a model consisting of a power law with a high energy cutoff and, for some spectra, a blackbody component with a temperature of approximately 0.85 keV.Comment: Accepted for publication in The Astrophysical Journal. 27 pages including 10 figure

Discovery of 16.6 and 25.5 s Pulsations from the Small Magellanic Cloud

We report the serendipitous detection of two previously unreported pulsars from the direction of the Small Magellanic Cloud, with periods of 16.6 and 25.5 seconds. The detections are based on archival PCA data from the Rossi X-ray Timing Explorer (RXTE). The observation leading to these detections occurred in September 2000 extending over 2.1 days with an exposure of 121 ks. A possible identification of the 16.6 s pulsar with an X-ray source RX J0051.8-7310 seen by both ROSAT and ASCA imaging X-ray satellites is presented.Comment: 9 pages with 3 figures. Submitted to ApJ Letter

Simultaneous BeppoSAX and RXTE observations of the X-ray burst sources GX 3+1 and Ser X-1

We have obtained spectral and timing data on GX 3+1 and Ser X-1. Both sources were observed simultaneously with BeppoSAX and RXTE. The RXTE data is used to provide power spectra and colour-colour diagrams in order to constrain the state (and thus track $\dot M$) the sources are in. The BeppoSAX data provide the broad-band spectra. The spectra of both sources are reasonably well-fit using a model consisting of a disk-blackbody, a comptonized component and a Fe line, absorbed by interstellar absorption. The electron temperature (kT$_{\rm e}$) of the Comptonizing plasma is in both cases $\sim$2.5 keV. This implies that no strong high-energy tail from the Comptonized component is present in either of the sources. We discuss the similarities between these burst sources and the luminous X-ray sources located in globular clusters. We find that the spectral parameters of the comptonized component provide information about the mass-accretion rate, which agrees well with estimates from the timing and spectral variations.Comment: 8 pages, accepted by A&

Kilohertz QPO Peak Separation Is Not Constant in Scorpius X-1

We report on a series of twenty ~10^5 c/s, 0.125 msec time-resolution RXTE observations of the Z source and low-mass X-ray binary Scorpius X-1. Twin kilohertz quasi-periodic oscillation (QPO) peaks are obvious in nearly all observations. We find that the peak separation is not constant, as expected in some beat-frequency models, but instead varies from ~310 to ~230 Hz when the centroid frequency of the higher-frequency peak varies from ~875 to ~1085 Hz. We detect none of the additional QPO peaks at higher frequencies predicted in the photon bubble model (PBM), with best-case upper limits on the peaks' power ratio of 0.025. We do detect, simultaneously with the kHz QPO, additional QPO peaks near 45 and 90 Hz whose frequency increases with mass accretion rate. We interpret these as first and second harmonics of the so-called horizontal-branch oscillations well known from other Z sources and usually interpreted in terms of the magnetospheric beat-frequency model (BFM). We conclude that the magnetospheric BFM and the PBM are now unlikely to explain the kHz QPO in Sco X-1. In order to succeed in doing so, any BFM involving the neutron star spin (unseen in Sco X-1) will have to postulate at least one additional unseen frequency, beating with the spin to produce one of the kHz peaks.Comment: 6 pages including 3 figure

Evidence for 1122 Hz X-Ray Burst Oscillations from the Neutron-Star X-Ray Transient XTE J1739-285

We report on millisecond variability from the X-ray transient XTE J1739-285. We detected six X-ray type I bursts and found evidence for oscillations at 1122 +/- 0.3 Hz in the brightest X-ray burst. Taking into consideration the power in the oscillations and the number of trials in the search, the detection is significant at the 99.96% confidence level. If the oscillations are confirmed, the oscillation frequency would suggest that XTE J1739-285 contains the fastest rotating neutron star yet found. We also found millisecond quasiperiodic oscillations in the persistent emission with frequencies ranging from 757 Hz to 862 Hz. Using the brightest burst, we derive an upper limit on the source distance of about 10.6 kpc.Comment: To appear in ApJL, 4 page

A new Comptonization model for low-magnetized accreting neutron stars in low mass X-ray binaries

We developed a new model for the X-ray spectral fitting \xspec package which takes into account the effects of both thermal and dynamical (i.e. bulk) Comptonization. The model consists of two components: one is the direct blackbody-like emission due to seed photons which are not subjected to effective Compton scattering, while the other one is a convolution of the Green's function of the energy operator with a blackbody-like seed photon spectrum. When combined thermal and bulk effects are considered, the analytic form of the Green's function may be obtained as a solution of the diffusion Comptonization equation. Using data from the BeppoSAX, INTEGRAL and RXTE satellites, we test our model on the spectra of a sample of six persistently low magnetic field bright neutron star Low Mass X-ray Binaries, covering three different spectral states. Particular attention is given to the transient powerlaw-like hard X-ray (> 30 keV) tails that we interpret in the framework of the bulk motion Comptonization process. We show that the values of the best-fit delta-parameter, which represents the importance of bulk with respect to thermal Comptonization, can be physically meaningful and can at least qualitatively describe the physical conditions of the environment in the innermost part of the system. Moreover, we show that in fitting the thermal Comptonization spectra to the X-ray spectra of these systems, the best-fit parameters of our model are in excellent agreement with those of COMPTT, a broadly used and well established XSPEC model.Comment: 15 pages, 8 figures, accepted for publication in Ap

HE 0435-1223: a wide separation quadruple QSO and gravitational lens

We report the discovery of a new gravitationally lensed QSO, at a redshift z = 1.689, with four QSO components in a cross-shaped arrangement around a bright galaxy. The maximum separation between images is 2.6 arcsec, enabling a reliable decomposition of the system. Three of the QSO components have g = 19.6, while component A is about 0.6 mag brighter. The four components have nearly identical colours, suggesting little if any dust extinction in the foreground galaxy. The lensing galaxy is prominent in the i band, weaker in r and not detected in g. Its spatial profile is that of an elliptical galaxy with a scale length of $\sim$ 12 kpc. Combining the measured colours and a mass model for the lens, we estimate a most likely redshift range of 0.3 < z < 0.4. Predicted time delays between the components are \la 10 days. The QSO shows evidence for variability, with total g band magnitudes of 17.89 and 17.71 for two epochs separated by $\sim 2$ months. However, the relative fluxes of the components did not change, indicating that the variations are intrinsic to the QSO rather than induced by microlensing.Comment: 7 pages, submitted to Astronomy and Astrophysic