Motion To Transfer Is Denied Both As A Sanction And On The Merits

Morris James LLP
Contact

AT&T Intellectual Property I, L.P., et al.  v. Cox Communications, Inc., et al., C.A. No. 14-1106 - GMS, July 9, 2015

Sleet, J. Defendants’ motion to transfer venue to the Northern district of Georgia is denied.

Although defendants claim in a sworn statement that all of the Cox entities is Cox’s headquarters in Atlanta, Georgia, plaintiff has produced several inconsistent statements in this District that their principle places of businesses are located in their regional homes where they are licensed.  The court finds defendant acted in bad faith in taking inconsistent positions and narrowly tailors the remedy to denying the motion to transfer.  Even without applying judicial estoppel, the court reaches the same result.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Morris James LLP

Written by:

Morris James LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Morris James LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide