Thursday, May 26, 2016

Case of the Day: Wagner v. Olympus Am., 2016 U.S. Dist. LEXIS 68450 (E.D. Pa. May 25, 2016)


Plaintiffs claim that the defendant's medical device malfunctioned, causing death due to bacterial infection in a procedure performed in Charlotte, North Carolina. Plaintiff brought suit in the Eastern District of Pennsylvania, which is the principal place of business for the defendants. Defendants moved to transfer the case to Western District of North Carolina pursuant to 28 U.S.C. s. 1404(a). After weighing several factors, the court granted the motion.


This case is a bit unusual--transfer of venue motion is fairly common, but in a tort case, corporate defendants rarely want to go back to the place where the injury occurred for fear that the local jury may be disposed against them. Would be curious to know the thought process behind this action.

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