FEDERAL PROCEDURE-VENUE-TRANSFER UNDER SECTION 1404(a) TO DISTRICT WHERE VENUE ORIGINALLY WOULD HAVE BEEN IMPROPER

Authors

Wilber M. Brucker, Jr. S. Ed., University of Michigan Law SchoolFollow

Abstract

Civil anti-trust actions were properly brought against defendants in the Federal District Court for the District of Delaware. Defendants sought a transfer of the suits to a district court in Texas under section 1404(a) of the Judicial Code, which allows a transfer when requirements of convenience are met to any district where the suit "might have been brought" Although venue in the Texas District Court would not have been proper when the suits were originally instituted, defendants claimed that their express waiver of improper venue removed the bar to transfer. The district court ruled that it lacked the power to make the transfer. On petition to the court of appeals for a writ of mandamus, held, two judges dissenting, that transfer can be made if the district court feels that it would serve the convenience of parties and witnesses and would be in the interest of justice. Paramount Pictures v. Rodney, (3d Cir. 1950) 186 F. (2d) 111.

Recommended Citation

Wilber M. Brucker, Jr. S. Ed., FEDERAL PROCEDURE-VENUE-TRANSFER UNDER SECTION 1404(a) TO DISTRICT WHERE VENUE ORIGINALLY WOULD HAVE BEEN IMPROPER, 50 Mich. L. Rev. 347 (1951).
Available at: https://repository.law.umich.edu/mlr/vol50/iss2/16