mandamus as to transfer order denied where personal injury action transferred from Michigan, where plaintiff resided, to Nebraska, where escalator accident occurred; court found persuasive that Nebraska law would govern, that the liability witnesses resided in Nebraska, and that plaintiffs medical witnesses in Michigan could be presented by deposition without seriously jeopardizing plaintiffs case
How later courts described this case
- mandamus as to transfer order denied where personal injury action transferred from Michigan, where plaintiff resided, to Nebraska, where escalator accident occurred; court found persuasive that Nebraska law would govern, that the liability witnesses resided in Nebraska, and that plaintiffs medical witnesses in Michigan could be presented by deposition without seriously jeopardizing plaintiffs case
- motion to transfer properly granted when the balance weighs strongly in favor of transfer
- “[Ujnless the balance is strongly in favor of the defendant the plaintiffs choice of forum should rarely be disturbed.”
- “unless the balance is strongly in favor of the defendant the plaintiff's choice of forum should rarely be disturbed.”
Written by the judges who cited it.
The opinion
HICKS, Chief Judge
(concurring).
The petition seeking mandamus should be denied. The purpose of the writ, as I understand it, is to compel a judge to act but not to act in any particular way. The district judge has already acted and there is nothing left for us to do unless we can treat the petition as an appeal. I doubt our jurisdiction of an appeal from an interlocutory order. I agree with the views expressed by Judge Swan in Ford Motor Co. v. Ryan, 2 Cir., 182 F.2d 329, 332 .