22 Cited authorities

  1. Gulf Oil Corp. v. Gilbert

    330 U.S. 501 (1947)   Cited 5,603 times   5 Legal Analyses
    Holding that private interest factors include the "availability of compulsory process for attendance of un-willing, and the cost of obtaining attendance of willing, witnesses"
  2. Landis v. North American Co.

    299 U.S. 248 (1936)   Cited 8,288 times   6 Legal Analyses
    Holding that a decision to stay proceedings "calls for the exercise of judgment, which must weigh competing interests and maintain an even balance"
  3. Ferens v. John Deere Co.

    494 U.S. 516 (1990)   Cited 781 times   2 Legal Analyses
    Holding a transferee forum must "apply the law of the transferor court, regardless of who initiates the transfer"
  4. In re Volkswagen of Am.

    545 F.3d 304 (5th Cir. 2008)   Cited 1,588 times   13 Legal Analyses
    Holding this prong to be satisfied when "the harm . . . will already have been done by the time the case is tried and appealed, and the prejudice suffered cannot be put back in the bottle"
  5. In re Genentech, Inc.

    566 F.3d 1338 (Fed. Cir. 2009)   Cited 797 times   11 Legal Analyses
    Holding that relevant evidence in patent cases often comes from the accused infringer and may weigh in favor of transfer to that location
  6. Cont'l Grain Co. v. Barge FBL-585

    364 U.S. 19 (1960)   Cited 1,070 times   1 Legal Analyses
    Holding that § 1404 permits transfer of in rem claims along with in personam claims to more convenient district, even though in rem claim standing alone could not have been brought in transferee district
  7. Coffey v. Van Dorn Iron Works

    796 F.2d 217 (7th Cir. 1986)   Cited 1,098 times
    Holding that a decision to transfer venue under § 1404 relies heavily on consideration of the interests of justice, which "may be determinative in a particular case, even if the convenience of the parties and witnesses might call for a different result."
  8. Cadle Co. v. Whataburger of Alice, Inc.

    174 F.3d 599 (5th Cir. 1999)   Cited 358 times
    Holding that, under the first-to-file rule, "the court in which an action is first filed is the appropriate court to determine whether subsequently filed cases involving substantially similar issues should proceed"
  9. Save Power Ltd. v. Syntek Fin. Corp.

    121 F.3d 947 (5th Cir. 1997)   Cited 323 times   1 Legal Analyses
    Holding that "complete identity of parties is not required for dismissal or transfer of a case filed subsequently to a substantially related action."
  10. W. Gulf Mar. Ass'n v. Ila Deep Sea Local 24

    751 F.2d 721 (5th Cir. 1985)   Cited 339 times
    Holding that the court with prior jurisdiction over the common subject matter should resolve all issues presented in related actions
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 346,675 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,422 times   184 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
  13. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,113 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system
  14. Rule 25 - Substitution of Parties

    Fed. R. Civ. P. 25   Cited 10,721 times   11 Legal Analyses
    Providing for the automatic substitution at the district-court level of public officers sued in their official capacities
  15. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,377 times   36 Legal Analyses
    Adopting the definition given in Section 551
  16. Section 923 - Licensing

    18 U.S.C. § 923   Cited 565 times   6 Legal Analyses
    Creating recordkeeping obligations