Legal Opinion · Dissent
Lexecon Inc. v. Milberg Weiss Bershad Hynes & Lerach
Court of Appeals for the Ninth Circuit
Decided December 20, 1996No. Nos. 95-15759, 95-16403, 95-16595 and 95-16754Published
1DissentKozinski, Circuit Judge
Since the Judicial Panel on Multidistrict Litigation (JPML) was created in 1968, it has transferred 92,562 cases for consolidated pretrial proceedings. Only 3,508 of these—less than four percent—have been sent back for trial in the district where the complaint was filed. Administrative Office of the United States Courts, Judicial Business of the United States Courts: 1995 Report of the Director 32. Yet the statute which authorizes the JPML to transfer cases for coordinated or consolidated pretrial proceedings commands that “[e]ach action so transferred shall be remanded by the [JPML] at or…
2Cases cited45 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
- Stewart Organization, Inc. v. Ricoh Corp.Supreme Court of the United States · 1988
- Van Dusen v. BarrackSupreme Court of the United States · 1964
- Patterson v. McLean Credit UnionSupreme Court of the United States · 1989
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