Litigation glossary

Lexecon Rights

Your right, from a 1998 Supreme Court case, to have your MDL case tried in the district where it was filed rather than by the MDL judge. Bellwether trials happen in the MDL court only when parties waive these rights.

In Lexecon Inc. v. Milberg Weiss, the Supreme Court unanimously held that an MDL judge has no authority to keep transferred cases for trial. After pretrial ends, cases must be remanded. Bellwether trials in the MDL courtroom happen by consent — parties waive their Lexecon rights.

In practice fewer than 3% of cases are ever remanded, so the right is more leverage than destination. Direct-filed cases may have waived it — one of several reasons filing posture matters.

Sources & attribution

Sources cited