In granting defendant's motion to transfer venue of plaintiff's qui tam false marking action, the court disagreed with plaintiff that the Eastern District's familiarity with the governing law weighed against transfer. "This Court is aware of the high number of false marking cases filed in this Court and also notes that [plaintiff] has accounted for approximately fifty of [more than 200] cases. . . . Although this Court may have a greater familiarity with the law of false marking due to the hundreds of cases filed, the Court disagrees that this factor weighs against transfer. The false marking statute is federal law and both federal courts are equally capable of applying such federal law."
Promote Innovation LLC v. Leviton Manufacturing Co., Inc., 2-10-cv-00235 (TXED February 17, 2011, Order) (Everingham, M.J.)
No comments:
Post a Comment