Simon v. Webster

How courts have described this case

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

• clarifying that this inquiry focuses primarily on non-party witnesses because “it is generally assumed that witnesses within the control of the party calling them, such as employees, will appear voluntarily in a foreign forum”
• finding travel expenses and costs associated with witnesses and evidence “essentially neutral” because each party anticipates such expenses no matter where a case is venued
• finding this factor did not weigh in favor of transfer when the defendant did not present “convincing evidence that its financial position ma[de] it incapable of litigating in [the forum]”
• “A court may consider a party’s ability to bear such expenses, i.e., a substantiated claim of financial hardship, in weighing this factor.”
• “A court may consider a party’s ability to bear such expenses, i.e., a substantiated claim of financial hardship, in weighing this factor.”
• addressing travel expenses associated with discovery

Source: CourtListener parenthetical corpus (CC0).