· 4/27/2009
Stanifer v. Brannan
Citations
- 564 F.3d 455
- 2009 U.S. App. LEXIS 8839
- 2009 WL 1107910
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that Sections 1406 and 1631 “confer broad discretion in ruling on a motion to transfer” venue
- noting that Sections 1406 and 1631 “confer broad discretion in ruling on a motion to transfer” venue
- holding district court did not abuse its discretion ordering dismissal of plaintiff who showed a “complete lack of diligence in determining the proper forum in the first place”
- reviewing for abuse of discretion a District Court’s decision not to transfer a case pursuant to § 1406(a)
- noting the district court’s broad discretion under section 1406(a) to dismiss or transfer a case if in the interest of justice
- explaining court’s discretion to deny transfer where there was no “assertion of . . . personal jurisdiction that provided some arguable basis for thinking that the action was properly brought in the district in which it was originally filed,” even if re-filing is time-barred
Source: CourtListener parenthetical corpus (CC0).
Judges: Daughtrey, Gibbons, Zatkoff
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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