Friday, June 19, 2009

Transfer of Venue Granted Despite Transferee Court's Lack of Personal Jurisdiction Over Plaintiff

"The Court finds that, as matter of law, a transferee forum need not have personal jurisdiction over a plaintiff in order for transfer to be appropriate under § 1404(a). . . . 28 U.S.C. § 1404(a) is only concerned with whether the action could have been brought by the plaintiff in the proposed transferee forum. Here, regardless of whether the [transferee forum] would have personal jurisdiction over Plaintiffs if they were sued there, Plaintiffs could originally have brought this action in that District. . . . Plaintiffs have not cited, and the Court has not found, any cases indicating that personal jurisdiction over a plaintiff in the transferee forum is required before an action can be transferred."

Morrow v. Vertical Doors Inc., 2-09-cv-00256
(AZD June 17, 2009, Order) (Campbell, J.)

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