The 5th Circuit has made it easier for defense attorneys to move clients' cases out of the Eastern District of Texas, ruling that a federal trial judge abused his discretion by not granting a defense motion to transfer venue to another district. The mandamus opinion In Re: Volkswagen of America Inc. , which re-asserted that trial courts must consider a "100-mile threshold" between a suit's existing venue and a proposed venue, could slow tort suits in the district, which is popular with plaintiffs.
November 05, 2007 at 12:00 AM
1 minute read
The original version of this story was published on National Law Journal
The 5th U.S. Circuit Court of Appeals has made it easier for defense attorneys to move their clients’ cases out of the Eastern District of Texas.
The Oct. 25 mandamus opinion In Re: Volkswagen of America Inc. could stem the tide of tort suits filed in the district, which is popular with plaintiffs. The 5th Circuit ruled that a federal trial judge abused his discretion by not granting a defense motion to transfer venue to another district.
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