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"On the Road? Case Involving Judge's Discretion In Weighing Transfer Motion Could Affect Eastern District Filings."

"On the Road? Case Involving Judge's Discretion In Weighing Transfer Motion Could Affect Eastern District Filings." In the May 26, 2008 of Texas Lawyer, John Council had an article that begins, "In a mandamus case that could significantly alter one of the hottest federal civil dockets in Texas, the full 5th U.S. Circuit Court of Appeals heard arguments on May 22 over whether a trial judge's discretion should be limited when a party moves to transfer venue. The stakes in In Re: Volkswagen are huge, because the case could end up stemming the tide of product liability suits filed in the Eastern District of Texas."

Last Friday, the en banc U.S. Court of Appeals for the Fifth Circuit issued its ruling in the case. By a vote of 10-7, the en banc court has ruled that "a writ of mandamus should issue directing the transfer of this case from the Marshall Division of the Eastern District of Texas--which has no connection to the parties, the witnesses, or the facts of this case--to the Dallas Division of the Northern District of Texas--which has extensive connections to the parties,"

Full post as published by How Appealing on October 13, 2008 (boomark / email).