Glickenhaus v. Lytton Financial Corporation

LEAHY, Senior District Judge.

This is a suit for $2,940,000 as damages for breach of an agreement to issue and sell to plaintiffs certain debentures of defendant. Defendant moves to transfer the action to the federal court for the Southern District of California. Since the passage of the transfer statute, 28 U.S.C. § 1404(a), there have been a number of Delaware cases, 1 , 1a yet members of the bar still appear to confuse the burden of proof required of a movant under the old forum non conveniens law with the showing required under § 1404 (a). 2

In the 19 eases brought under § 1404 (a) in the…