Law360, New York (October 15, 2008) -- Last Friday, Oct. 10, 2008, an en banc panel of the Court of Appeals for the Fifth Circuit took the extraordinary step of issuing a writ of mandamus to the Marshall Division of the U.S. District Court for the Eastern District of Texas, ordering the lower court to transfer a products liability case to the Dallas Division of the U.S. District Court for the Northern District of Texas, thus calling into question the weight to which a plaintiff’s choice of venue is entitled.
While the underlying case is a products liability action arising out of an automobile accident, the implications of the decision could be far reaching. The opinion of the Fifth Circuit...
