Credit: Viviana/Adobe Stock Federal Judge Applies 3rd, 5th Circuit Case Law in Multiparty Litigation With Only Some Entering 'Forum-Selection Clause'
"Given this, the witnesses, documents and other evidence relevant to this case are not located in Indiana. And so, the interests of FTN [FedEx] and ADG [Airboss] in the relative ease or access to sources of proof, cost of obtaining the attendance of witnesses and other factors that would also impact the trial of the case would be negatively impacted by a transfer of the claims at issue to the Southern District of Indiana," U.S. District Judge Lydia Kay Griggsby wrote of a request to transfer a case to Indiana, where the parties have no ties.
April 27, 2023 at 06:17 PM
4 minute read
A judge from the U.S. District Court for the District of Maryland last week denied a Florida global development company's motion for a transfer of venue from Maryland to an Indiana federal court under interests in judicial efficiency and public interest.
In this civil action, FedEx Trader Networks Transport & Brokerage, a nonvessel operating common carrier and ocean freight forwarder, alleged that Airboss failed and refused to pay the freight, detention, damage and other fees pertaining to the shipment and detention of containers of its nitrile rubber gloves. It also alleged that the U.S. government issued a withhold release order for 202 containers of Airboss' rubber gloves from the port.
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