· 1/12/2004
POSVEN, C.A. v. Liberty Mutual Insurance
Citations
- 303 F. Supp. 2d 391
- 2004 U.S. Dist. LEXIS 381
- 2004 WL 63497
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that the plaintiff did not ignore a clear jurisdictional bar where their personal jurisdictional arguments were not “incredible”
- “Where general jurisdiction is asserted, the claim need not arise out of the defendant's contacts with the forum state ….”
- “A forum’s familiarity with the governing law, however, is one of the least important factors in determining a motion to transfer, especially where no complex questions of foreign law are involved.” (citations omit- ted)
- “[A]n action might have been brought in another forum if, at the time the action was originally filed, the transferee court would have had subject matter jurisdiction and personal jurisdiction over the defendants ....” (emphasis added)
- “[A]n action might have been brought in another forum if, at the time the action was originally filed, the transferee court would have had subject matter jurisdiction and personal jurisdiction over the defendants ....” (emphasis added)
- “[C]ourts have recognized that if transfer pursuant to 1404(a) is appropriate, then a fortiori transfer is appropriate under 1406(a) . . . and that the crucial determination under either section is whether the proposed transfer is in the interest of justice.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Leisure
Read full opinion on CourtListenerSourced 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.