Zimmer Enterprises, Inc. v. Atlandia Imports, Inc.

How courts have described this case

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

• noting that first-filed rule and transfer of venue analysis are “separate questions, the analysis of which are conducted separately”
• finding that the convenience of witnesses who are employees “will not ordinarily be considered, or at least, that the convenience of such employees will not generally be given the same consideration as is given to other witnesses”
• finding that the convenience of witnesses who are employees “will not ordinarily be considered, or at least, that the convenience of such employees will not generally be given the same consideration as is given to other witnesses”
• “Zimmer argues that the first-filed rule is concerned with a determination of which of the two courts first acquired jurisdiction, however, for purposes of the first-to-file chronology, the date that an original complaint is filed controls.”
• “Many courts have applied or recognized the rule that, upon a motion to change venue the convenience of witnesses who are a party’s employees . . . will not generally be given the same consideration as is given to other witnesses.”

Source: CourtListener parenthetical corpus (CC0).