Terra Intern., Inc. v. Miss. Chem. Corp.
119 F.3d 688 (8th Cir. 1997) Cited 857 times 1 Legal AnalysesHolding that strategic or artfully drawn pleadings . . . will not work to circumvent an otherwise applicable forum selection clause," and that such a clause may apply to tort or other non-contract claims where such claims depend on the existence of a contractual relationship, relate to interpretation of the contract, or involve the same operative facts as a parallel breach of contract claim
Coffey v. Van Dorn Iron Works
796 F.2d 217 (7th Cir. 1986) Cited 1,098 timesHolding 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."
Shutte v. Armco Steel Corp.
431 F.2d 22 (3d Cir. 1970) Cited 1,112 times 4 Legal AnalysesFinding transfer under § 1404 inappropriate because, among other reasons, there was "a very real question" whether personal jurisdiction was proper over one of the defendants in the transferee forum
In re National Presto Industries, Inc.
347 F.3d 662 (7th Cir. 2003) Cited 349 timesHolding that "[w]hen plaintiff and defendant are in different states there is no choice of forum that will avoid imposing inconvenience; and when the inconvenience of the alternative venues is comparable there is no basis for a change of venue; the tie is awarded to the plaintiff"
Reiffin v. Microsoft Corp.
104 F. Supp. 2d 48 (D.D.C. 2000) Cited 100 timesFinding that transfer of venue was supported by plaintiff's previous decision to litigate "clearly related" action in transferee forum
Nelson v. Soo Line Railroad
58 F. Supp. 2d 1023 (D. Minn. 1999) Cited 74 timesFinding that § 60 does not support a legal damages claim
In re Triton Ltd. Securities Litigation
70 F. Supp. 2d 678 (E.D. Tex. 1999) Cited 71 timesFinding venue proper because allegedly misleading press releases were sent into the district
Original Creatine Patent Co. v. Met-Rx USA, Inc.
387 F. Supp. 2d 564 (E.D. Va. 2005) Cited 25 timesFinding four percent of defendant's sales in Virginia did not create sufficient connection with Virginia for purpose of motion to transfer venue
Alden Corp. v. Eazypower Corp.
CIVIL ACTION NO. 3:03-CV-1257 (JCH) (D. Conn. Dec. 5, 2003) Cited 23 timesFinding no "race to the courthouse" where patentee's letters, though strongly evidencing an intent to sue, did not specify a date or a forum, nor did they state that suit was inevitable
Pressdough of Bismarck, LLC v. A & W Rests., Inc.
587 F. Supp. 2d 1079 (D.N.D. 2008) Cited 12 timesRefusing to enforce conflicting forum selection clauses “in order to avoid expensive piecemeal litigation”