The Federal Circuit's record on venue mandamuses this year goes from 1-1 to 2-2 over the weekend with (yet another) In re Volkswagen and In re Genentech.
In the former, arising out of the MHL Tek litigation, the Court denied a petition directing it to mandamus Judge Ward's denial of a motion to transfer the case to Michigan. There are three MHL Tek cases pending in Judge Ward's court - two filed by MHL, and a third, a dec action originally filed by Volkswagen against MHL in Michigan, but which was transferred by the Michigan court to Texas, citing judicial economy. VW filed a mandamus on that transfer, and the Federal Circuit denied it last year. That denial, incidentally, was part of the basis for Judge Ward's denial of the defendants' motion to transfer the three Marshall cases to Michigan earlier this year. The Federal Circuit agreed, noting that "[i]n this case, the existence of multiple lawsuits involving the same issues is a paramount consideration when determining whether a transfer is in the interest of justice" and denied the petition for mandamus.
In re Genetech arises out of the Sanofi litigation pending in Judge Ron Clark's court, in which a German plaintiff sued two California companies. The Court observed that California was only marginally less convenient than Texas for the foreign plaintiff, and declined to allow the Texas court's central location to trump the fact that the California court was "clearly more convenient" for the parties and witnesses in this case.
