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Appellate Practice

Jul. 12, 2012

Proposal for centralized review of choice of venue in federal court

Appeal options are extraordinarily limited when it comes to the grant or denial of a motion to transfer venue. By Harvey Saferstein and Nathan R. Hamler of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo PC


By Harvey Saferstein and Nathan R. Hamler


In real estate, it is said, the three most important things are: location, location and location. The same seems to apply in litigation - especially the venue for federal court litigation.


Section 1404(a) implicitly recognizes the importance of venue by allowing for transfer motions for convenience of the parties and witnesses "in the interest of justice." See 28 U.S.C. Section 1404(a). Motions asking...

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