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Federal Procedure-Change Of Venue On Motion Of The Plaintiff, David F. Ulmer S. Ed.
Federal Procedure-Change Of Venue On Motion Of The Plaintiff, David F. Ulmer S. Ed.
Michigan Law Review
Plaintiff, a resident of California, was injured on defendant corporation's premises in Nevada. Being unable to serve defendant in California, plaintiff started a negligence action in the Federal District Court in Nevada and then moved for a change of venue to the proper Federal District Court in California under section 1404(a) of the Judicial Code. The Federal District Court of Nevada overruled plaintiff's motion. On appeal, held, affirmed. The requirement under 1404(a) that the action be transferred to any district "where it might have been brought" precludes transfer to a forum where the defendant was not amenable to process. …
Federal Courts-Venue-Transfer To A More Convenient Forum Under Title 28, United States Code, Section 1404(A), Nolan W. Carson S. Ed.
Federal Courts-Venue-Transfer To A More Convenient Forum Under Title 28, United States Code, Section 1404(A), Nolan W. Carson S. Ed.
Michigan Law Review
A cause of action based on diversity of citizenship was brought in a United States District Court in Pennsylvania by a New York corporation against a Delaware corporation. Plaintiff joined a New York corporation as an involuntary plaintiff. Defendant then moved for a transfer based on forum non conveniens to the Southern District of New York. Held, this suit could not have been brought originally in the Southern District of New York since the present involuntary plaintiff, amenable to process in that district, could only have been joined as a defendant and diversity of citizenship would have been absent. …