The Case For Appellate Review Of Choice Of Venue

more+
less-

Originally published in Law360, New York (September 11, 2012, 1:22 PM ET)

The venue in which a federal case will be litigated is often fiercely contested at the outset of federal litigation, especially in an era of increased bicoastal litigation. Section 1404(a) implicitly recognizes the importance of this early consideration, providing that, “[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.” Motions asking the district court to invoke Section 1404(a)’s discretionary power to transfer litigation to a different federal district — many times across the country — are common. An enormous body of case law been written, mostly by federal district court judges, attempting to interpret and apply the discretionary mandate.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.


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.

© Mintz Levin | Attorney Advertising

Written by:

more+
less-

Mintz Levin 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:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×