· 8/23/2023
JERRY FERNANDEZ v. STANLEY I. FOODMAN, P.A., etc.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the lan- guage of 28 U.S.C. § 1404(a)—which permits the transfer of “any civil action to any other district or division where it might have been brought”—unambiguously means at the time the lawsuit was filed
- stating that the failure to object to improper venue constitutes a waiver of the defect
- res judicata principles did not limit power of Court of Appeals to reconsider transfer decision not upset by coordinate court
- section 1404(a) does not permit transfer to a court where either venue or personal jurisdiction is lacking
- “[T]he defendant must satisfy a very substantial burden of demonstrating where justice and convenience lie, in order to have his objection to a forum of hardship, in the particular situation, respected.”
- the action “might have been brought” in Michigan if the “‘claim 14 arose’ in Michigan, within the meaning of 28 U.S.C. s 1391(a), the general venue statute”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.