Transfer of Venue

News & Analysis as of

Federal Circuit (Applying Fifth Circuit Standard) Holds That Venue Transfer Must on Balance Be Clearly More Convenient, Not Far...

An April 3, 2014, decision by the Court of Appeals for the Federal Circuit sheds a little more light on how to apply the Fifth Circuit’s test for determining whether a case should be transferred from the district in which it...more

Intelletual Property Newsletter - March 2014

In This Issue: - USPTO Issues New Guidelines for Determining Subject Matter Eligibility of Claims - Eastern District of Texas Unveils New Patent Case Track - Opening Briefs Submitted to U.S. Supreme Court in...more

Should I Bring a Change of Venue Motion?

There has been some confusion in recent case law as to the proper test to be applied on a change of venue motion. It is clear that the starting point for where an action can be commenced is straightforward: the plaintiff can...more

How to Get Out Of Dodge: Winning Patent Venue Transfer Strategies and the Federal Circuit

Proper venue is important in U.S. district court litigation; you can’t live without it. But successfully changing venue to a different district court can be even more important because transfer can seriously disrupt...more

Spray Polyurethane Foam Insulation Products Liability Litigation – An Update

Earlier this year, it seemed like Spray Polyurethane Foam Insulation ("SPF") might generate the type of attention that Chinese drywall did. Between April 2012 and May 2013 homeowners in various parts of the country,...more

New York Federal Court Interprets Reinsurance Contract’s Arbitration Provision and Transfers Venue to Massachusetts

First State Ins. Co. v. Nat’l Cas. Co., No. 13 Civ. 0704 (AJN), 2013 U.S. Dist. LEXIS 142518, 2013 WL 5439143 (S.D.N.Y. Sept. 27, 2013). A cedent and a reinsurer were parties to various reinsurance agreements, each of...more

Reinsurance Newsletter - December 2013

Recent Case Summaries - Michigan Federal Court Enjoins Arbitration Proceeding Because of Possible Misconduct - Star Ins. Co. v. Nat’l Union Fire Ins. Co., No. 13-13807, 2013 U.S. Dist. LEXIS 130379 (E.D. Mich....more

Long Delay in Moving to Transfer Results in Denial of Motion

The Defendant QxQ Inc. ("QxQ"), which is a California company, moved to transfer a patent infringement case from the Eastern District of Wisconsin to the Northern District of California. QxQ asserted that the connections...more

Location Of Defendant’s Principal Place Of Business A “Critical And Controlling Consideration” In Motion To Transfer Venue In...

In The William M. Yarbrough Foundation v. Garcoa Laboratories Inc., the Honorable Gordon J. Quist of the United States District Court for the Western District of Michigan transferred the plaintiff's patent infringement claim...more

Supreme Court Agrees To Review Standard For Enforcement Of Forum Selection Clauses

On April 1, the U.S. Supreme Court agreed to review a decision from the U.S. Court of Appeals for the Fifth Circuit that denied a mandamus petition against a district court that held that when a forum-selection clause...more

Intellectual Property Bulletin - Winter 2013

In This Bulletin: - Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case - Murky Waters: Post-Approval Regulatory Activities and the §...more

Supreme Court Agrees To Decide Procedure for Enforcing Forum Selection Clauses

Agreeing to review an important issue that has divided the federal circuit courts, the U.S. Supreme Court announced yesterday that it will decide the proper procedural vehicle for enforcing forum selection clauses. ...more

Patton Boggs Reinsurance Newsletter- March 2013: Ohio Federal Court Transfers Reinsurance Dispute to Florida

An Ohio federal court has transferred a reinsurance dispute to Florida, where another related action was pending. The cedent, commencing with its predecessor, underwrote an automobile dealership awards program. Reinsurance...more

IP Buzz - February 2013

In this issue: - New USPTO Patent Fees Take Effect March 19, 2013 - Federal Circuit Clears a Path for Defendant Motions to Transfer with In re EMC Corp. Order - Kirtsaeng v. John Wiley & Sons, Inc.: A Brief...more

Federal Circuit Clears a Path for Defendant Motions to Transfer with In re EMC Corp. Order

On January 29, 2013, the Federal Circuit issued its second mandamus decision in In re EMC Corp., 2013 WL 324154 (Fed. Cir. Jan. 29, 2013). Although the appellate court ultimately denied a petition for a writ directing the...more

Bill on Bankruptcy: Will 2013 Be Kind To The Bankruptcy Bar? [Video]

Jan. 2 (Bloomberg Law) -- Bankruptcy lawyers and turnaround managers can expect another lousy year in 2013, for reasons Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle explain on their new...more

Bankruptcy Law Update - December 2012

In this December 2012 Issue: - Second Circuit Decisions - Connecticut Bankruptcy Court Decisions The Second Circuit tackles the criminal exception to the automatic stay, administrative rent claims under a...more

Patton Boggs Reinsurance Newsletter - December 2012: Wisconsin Federal Court Transfers Arbitrator Selection Dispute to New York

Employers Ins. Co. of Wausau v. Arrowood Indemn. Co., Nos. 12-cv-283-bbc, 12-cv-284-bbc, 12-cv-285-bbc, 2012 WL 5306152 (W.D. Wis. Oct. 26, 2012). A Wisconsin federal court avoided having to resolve a dispute over...more

Because of Winn-Dixie? SDNY Bankruptcy Court Looks Beyond Literal Compliance with Venue Statute and Transfers Patriot Coal Cases...

On November 27, 2012, in a ruling that undoubtedly will impact the choice of venue for many large corporate bankruptcies in the future, Judge Shelley C. Chapman of the United States Bankruptcy Court for the Southern District...more

Bankruptcy Court Surprises Observers and Transfers Venue of Patriot Coal Chapter 11 Cases to Missouri

In an important opinion released on November 27, 2012, Judge Shelley C. Chapman of the United States Bankruptcy Court for the Southern District of New York transferred the Patriot Coal Corporation (Patriot Coal) chapter 11...more

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