In Re: Radmax, Limited
Court of Appeals for the Fifth Circuit
1DissentHigginson, Circuit Judge
I agree with the majority that the Gilbert factors, weighed properly, favor transfer in this case. But because I disagree that the district court’s contrary ruling was a “clear abuse of discretion” based on “extraordinary errors” leading to “a patently erroneous result,” In re Volkswagen of Am., Inc. (“Volkswagen II”), 545 F.3d *291304, 309, 318 (5th Cir.2008) (en banc), I respectfully dissent from the majority’s grant of mandamus relief. In my view, this case differs meaningfully from Volkswagen II in several respects.
First, the proposed venue in Volkswagen II was 155 miles from the parties,…
2Cases cited8 opinions
- In re Volkswagen of America, Inc.Court of Appeals for the Fifth Circuit · 2008
- In Re Volkswagen Ag Volkswagen of America, Inc.Court of Appeals for the Fifth Circuit · 2004
- United States v. EvansCourt of Appeals for the Fifth Circuit · 2009
- In Re Ramu Corporation, United States of America v. 6600 North Mesa, El Paso, Texas, in Re Ivonne Delgado De Munoz, Luis Delgado Avalos, Beatriz Varela Delgado, and Rafael Munoz Telles, United States of America v. Real Property With Residence Located at 1070 Gardner Road, El Paso, Texas, With All Its Furnishings and Appurtenances and Improvements Thereon and Real Property With Residence Located at 6636 Gato Road, El Paso, Texas, With All Its Furnishings and Appurtenances and Improvements ThereonCourt of Appeals for the Fifth Circuit · 1990
- Rex K. DeGEORGE, Petitioner, v. UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, RespondentCourt of Appeals for the Ninth Circuit · 2000
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