Smith v. Colonial Penn
District Court SDTX - 1996
- Breach of contract case regarding an insurance contract entered into between P and D.
- D moved to Transfer Venue from Galveston to Houston Division due to the fact that Galveston does not have a commercial airport into which D's employees and corporate representatives may fly in and out of.
- District court denied the motion to Transfer Venue.
- How should a court determine when to allow for Transfer of Venue?
- The Court should weigh the availability and convenience of witnesses and parties, the location of counsel, the location of books and records, the cost of obtaining attendance of witnesses and other trial expenses, the place of alleged wrong, the possibility of delay and prejudice if transfer is granted, and the P's choice of forum, which is generally entitled to great deference, when determining whether to allow Transfer of Venue.
- Under Section 1404(a), the D must bear the burden of demonstrating to the District Court that it should decide to transfer the action.
- Flying into Houston is only a 40 mile drive to Galveston.
- Vague statements about the convenience of unknown and unnamed witnesses is insufficient.
- P picked Galveston as her forum of choice.