Pittsburg SNF LLC et al v. PharMerica East, Inc., 2:10-cv-00363-JRG-RSP (6/28/12)
Judge: Roy Payne
Holding: Motion to Transfer Venue DENIED
This is a declaratory judgment action seeking a declaration that certain pharmacy services agreements related to certain nursing homes in Texas are void, as violating, among other things, the Anti-Kickback Statute, 421 USC 1320a-7b(b). (Did you know there was such a statute? I didn't. You learn something new every day). Plaintiffs also seek to recover for breach of contract and breach of warranties in connection with the sale of the agreements, and defendant has a third party claim againt, well, third parties, seeking contribution and indemnification. These third party defendants seek transfer of the third party action (not the underlying case) to Delaware.
Judge Payne considered the relevant factors, concluded that Delaware was not clearly the more convenient forum for the third party action in this case, and accordingly denied the motion.