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05/27/08
But that means defendants are not too fond of the place. And so, when Volkswagen was sued there recently, it filed for a change of venue to the Northern District, which covers Dallas. Now, Volkswagen can undoubtedly be sued in Marshall, since I doubt there is a district in America where Volkswagen doesn't have "substantial contacts" for purposes of jurisdictional law.
The judge denied the venue-change request, so Volkswagen appealed. On appeal the Fifth Circuit eventually ended up granting an en banc hearing on the matter. The hearing was held on Thursday, May 22, 2008.
This case will determine whether forum shopping will be tolerated. The facts plainly show that Marshall, Texas, has no real connection with the case — the auto accident, the witnesses, and all of the facts arise in Dallas.
If the Fifth Circuit upholds its earlier ruling, the patent bar will be crushed to lose its favorite place. And while the court clerks will likely welcome a massive reduction in their workload, lawyers all around the country will mourn their fat contingency fees.
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