Helms v. Hewitt

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that because the court did not balance important relevant factors, its dismissal for forum non conve-niens was an abuse of discretion
• recognizing federal court disagreement over whether permissive counterclaim waives personal jurisdiction defense, and holding that it does not
• holding that permissive counterclaim does not waive Rule 12 defense
• holding that defendant’s seven visits over three years to the forum state, purchase of over $200,000 worth of products from the forum state, and numerous phone calls and letters to the forum state were more “occasional than continuous, and more infrequent than systematic”
• noting that “the district court . . . observed only that its docket was congested; it did not determine whether a trial would be speedier in the [proposed transferring venue]”
• concluding, in assessing the impact of court congestion on the § 1404(a) analysis, that “[t]he real issue is . . . whether a trial may be speedier in another court because of its less crowded docket”

Source: CourtListener parenthetical corpus (CC0).