Legal Opinion
Lexecon Inc. v. Milberg Weiss Bershad Hynes & Lerach
Supreme Court of the United States
Decided March 3, 1998No. 96-1482PublishedCited by 692 opinions
1Opinion of the CourtJustice Souter
delivered the opinion of the Court. †
Title 28 U. S. C. § 1407(a) authorizes the Judicial Panel on Multidistrict Litigation to transfer civil actions with common issues of fact “to any district for coordinated or consolidated pretrial proceedings,” but imposes a duty on the Panel to remand any such action to the original district “at or before the conclusion of such pretrial proceedings.” Ibid. The issue here is whether a district court conducting such “pretrial proceedings” may invoke § 1404(a) to assign a transferred case to itself for trial. We hold it has no such authority.
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In 1992,…
2Cases cited12 opinions
- Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
- Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
- Caterpillar Inc. v. LewisSupreme Court of the United States · 1996
- Brown v. GardnerSupreme Court of the United States · 1994
- Estate of Cowart v. Nicklos Drilling Co.Supreme Court of the United States · 1992
7 more not listed; retrieve them via the Exa API.
3Cited by692 opinions
- National Railroad Passenger Corporation v. MorganSupreme Court of the United States · 2002
- In Re Phenylpropanolamine (Ppa) Products Liability Litigation, Shantell Allen, on Behalf of Allen, Vera v. Bayer Corporation, Leon Anderson, Jr. v. Bayer Corporation, Leslie Ackel v. Bayer Corporation, Bridgett Arrington v. Bayer Corporation, Calvin McGriggs v. Delaco Company, Betty Clinton v. Delaco Company, Donna Sasseen v. Ide Interstate Inc., Elizabeth Page v. Bayer Corporation, Marie Riley v. Wyeth, Obo Itself and Its Unincorporated Division, Wyeth Consumer Healthcare, Fka Whitehall-Robins Healthcare Formerly Known as American Home Products Corporation, and Keva K. Alford, on Behalf of All Wrongful Death Beneficiaries of Henry Dexter, and Eddie Bullock v. Wyeth, Obo Itself and Its Unincorporated Division, Wyeth Consumer Healthcare, Fka Whitehall-Robins Healthcare Formerly Known as American Home Products Corporation, and Novartis Pharmaceuticals Corporation, Bobby Holmes v. Bayer Corporation, Melody McDaniel v. Wal-Mart Stores, Inc., Samantha Samuels v. Bayer CorporationCourt of Appeals for the Ninth Circuit · 2006
- Booker-El v. Superintendent, Indiana State PrisonCourt of Appeals for the Seventh Circuit · 2012
- Eduardo M. Perez v. Wisconsin Department of Corrections and Michael J. SullivanCourt of Appeals for the Seventh Circuit · 1999
- National Ass'n of Home Builders v. Defenders of WildlifeSupreme Court of the United States · 2007
687 more not listed; retrieve them via the Exa API.