Federal Judiciary

Motion to Sever and Transfer Claims Against Single Defendant Denied

By Michael C. Smith

IP Co., LLC v. Intus IQ, 2:09cv37 (E.D. Tex. 8/3/09)

Judge: David Folsom

Holding: Motion to Transfer Venue DENIED

Judge Folsom denied a motion by one defendant for a severance and transfer of the plaintiff's claims against it.  Noting that a severance would create an additional case and that the Federal Circuit recently counseled in In re VW (the second In re VW by the FC - keep your eyes on the ball here, folks)  that the existence of multiple suits involving the same issues is a "paramount consideration" when determining whether a transfer is in the interest of justice, Judge Folsom denied the motion.

Full post as published by Eastern District of Texas Federal Court Practice on December 15, 2009 (boomark / email).