Motion to Transfer Denied in Product Liability Case

Bolt v. Toyota Industries Corp., 351 F.Supp.2d 597 (E.D.Tex. 2004) (NO. 2:03-CV-251)
Judge: Davis
Division: Marshall
Holding: Defendant's Motion to Transfer Venue DENIED.
COMMENTS:
This is a product liability case involving the death of a worker at D/FW airport.  (Ed. note:  my firm represents the plaintiff in this case).  Following a stay of almost a year due to the bankruptcy proceedings of defendant United Airlines, the case was rescheduled for trial April 18, 2005.  Following the scheduling conference, Defendant Toyota moved for a change of venue to the Northern District of Texas, Fort Worth Division.  After reviewing the aplicable factors, and providing a brief application of the facts of the case to each, including an analysis of the Fifth Circuit''s recent opinion in In re Volkswagen AG, 371 F .3d 201, 203 (5th Cir.2004), Judge Davis recognized that it was a "close call" but denied the motion, relying heavily on the fact that, following a delay of over a year due to United's bankruptcy proceedings, the case had a firm trial setting in five months, while a transfer would undoubtedly require a much lengthier wait.