Like the Gambler, sometimes courts need to know when to hold ‘em, know when to fold ‘em, know when to walk away, and know when to run.1 This column discusses three recent decisions of the U.S. District Court for the Northern District of New York in which three judges decided to hold them, walk away, and run. District Judge David N. Hurd considered the factors for a transfer of venue in ruling to keep a case in the Northern District; District Judge Mae A. D’Agostino evaluated the criteria for abstention in deciding to walk away; and Magistrate Judge Christian F. Hummel analyzed whether to stay an action in favor of a pending multi-district litigation proceeding and decided to keep the case running.
When to Hold ‘Em
In Ward v. Stewart,2 District Judge David N. Hurd ruled that a motion to transfer venue under 28 U.S.C. §1404(a) was not warranted despite the plaintiff consenting to the transfer. There, the estate of a race car driver killed in an accident on a New York racetrack brought a wrongful death action in state court against Tony Stewart, a well-known race car driver. The driver removed the action to federal court and then moved to transfer the case to the Western District of New York, where the accident occurred. The estate consented to the transfer.
