Lexecon Waiver

In Lexecon v. Milberg Weiss, the Supreme Court held that a transferee court cannot invoke section 1404 to assign a transferred case to itself for trial. Trying such a case requires the parties' consent.

Waivers are commonly given for bellwether cases so trials can proceed in the MDL forum.

Alternative Names:

Lexecon Consent, Self-Transfer Waiver

Why it Matters?

The waiver decision is strategically significant because it determines the forum, jury pool, and judge for a bellwether trial. Defendants sometimes decline, forcing trials in originating districts that may be more favorable, though refusal can strain the relationship with a transferee judge managing the proceeding. Direct filing in the MDL is the common workaround, since directly filed cases have no originating district to return to.

Frequently Confused with

Related terms

Frequently asked questions

Why is a Lexecon waiver necessary?

Because the Supreme Court held that a transferee court cannot assign a transferred case to itself for trial, so trying it there requires party consent.

How does direct filing avoid the issue?

Cases filed directly in the MDL under a direct filing order have no originating district, though the applicable law and eventual venue for trial are often addressed in the order.