Merrill Iron & Steel v. Yonkers Contracting Co.

Decision on transfer of venue motion under 28 USC 1404(a)


Supplier to subcontractor commenced an action in its home state of Wisconsin against the general contractor, which was based in New York, for money allegedly due and owing to the supplier for materials that it provided in connection with a New York public construction project. The general contractor and other defendants moved for, among other things, transfer of venue to the Southern District of New York, purusant to 28 USC 1404(a). The court granted the motion holding that the convenience of the parties and the interests of justice weighed heavily in favor of the defendants due to the court's lack of jurisdiction over numerous necessary third party witnesses and because of the great concern that the court lacked personal jurisdiction over the defendants under Wisconsin’s long-arm statute.

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

Reference Info:Decision | Federal, 7th Circuit, Wisconsin | United States

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.

© Michael Zicherman, Peckar & Abramson, P.C. | Attorney Advertising

Written by:


Peckar & Abramson, P.C. on:

Popular Topics
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*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*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.