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LEXECON INC. v. MILBERG WEISS BERSHAD HYNES & LERACH

No. 96-1482.

523 U.S. 26 (1998)

LEXECON INC. et al. v. MILBERG WEISS BERSHAD HYNES & LERACH et al.

United States Supreme Court.

Decided March 3, 1998.

Attorney(s) appearing for the Case

Michael K. Kellogg argued the cause for petitioners. With him on the briefs were Mark C. Hansen, Sean A. Lev, Stephen M. Shapiro, Michele L. Odorizzi, and Kenneth S. Geller.

Jerold S. Solovy argued the cause for respondents. With him on the brief for respondents Milberg Weiss Bershad Hynes & Lerach et al. were Ronald L. Marmer, C. John Koch, Jeffrey T. Shaw, Paul M. Smith, Thomas J. Perrelli, Arthur R. Miller, and Michael Meehan. Gerald Maltz filed a brief for respondents Cotchett et al.*

Souter, J., delivered the opinion of the Court, which was unanimous except insofar as Scalia, J., did not join Part II—C.

Justice 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...

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