Thursday, June 9, 2011

Case Transferred From EDTX Despite Transferee Forum's Lengthy Time to Trial

The court granted defendants' motion to transfer venue even though the reported time to trial was almost twice that of the Eastern District of Texas. "The parties agree that the time to trial is almost twice as long in the Western District of New York (47.7 months) than in the Eastern District of Texas (24.2 months). The court understands the parties’ concerns about the extended time to trial in the Western District. However, while 'the speed with which a case can come to trial and be resolved may be a factor . . . this factor appears to be the most speculative . . . and case-disposition statistics may not always tell the whole story.'"

John Mezzalingua Associates, Inc. d/b/a PPC v. Thomas & Betts Corporation, 1-10-cv-00719 (TXED June 7, 2011, Order) (Clark, J.)

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