We may soon have less to write about on the forum-shopping front. As readers of this site know, the Eastern District of Texas has in recent years become plaintiff's lawyers' favored venue nationwide for patent cases and has been growing in popularity for other cases as well. Now the Fifth Circuit has ruled en banc by a 10-7 margin (PDF) that trial court judge T. John Ward was wrong to deny defendant Volkswagen's efforts to get a car case moved from the Eastern District (which had no particular connection with the parties) back to Dallas, where the crash had actually taken place. Ted discussed the controversy and its background at length this spring, as well as earlier, which are good places to start in understanding the significance of the new decision. More at Patently-O on this decision and on forum-shopping generally.
Fifth Circuit pulling plug on East Texas rocket docket?
Related Entries:
- "When Lawyers Become Trolls"
- "Missouri lawyers weigh in on class action concerns"
- Around the web, December 15
- Alex Tabarrok on medical patents
- Fifth and Ninth Circuits crack down on cy pres abuse
- Study: patent trolls cost at least $500 billion
- "Something intrinsically unusual is occurring in Philadelphia"
- Another lawless jackpot award over propofol in Nevada
- "State Court Challenges to Legislatively Enacted Tort Reforms"
- Around the web, September 20
- Multi-defendant patent suits
- More on the Eastern District of Texas
- "Patent company has big case, no office"
- Missouri Supreme Court refuses to review Bachman v. A.G. Edwards
- Texas Supreme Court finishes off Garza v. Merck
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| Isaac Gorodetski Project Manager, Center for Legal Policy at the Manhattan Institute igorodetski@manhattan-institute.org |
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| Bridget Carroll Press Officer, Manhattan Institute bcarroll@manhattan-institute.org |



