Summary: CAFC denies Writ of Mandamus.
Case: In re Barnes & Noble, Inc., No. 13-162 (Fed. Cir. Feb. 27, 2014) (precedential). On Petition for Writ of Mandamus to the W.D. Tenn. Before Newman, Prost, and Reyna.
Procedural Posture: Barnes & Noble seeks a writ of mandamus ordering the W.D. Tenn. to transfer this case to N.D. Cal. CAFC denies the writ.
- Writ of Mandamus: The district court did not abuse its discretion in denying the motion to transfer, but rather addressed in depth the convenience of witnesses, the parties, and the interest of justice in accord with Sixth Circuit law. Compelling considerations favored both parties’ positions and the district court was not clearly and indisputably incorrect in denying the transfer.
Newman, dissenting:
- Writ of Mandamus: The plaintiff’s choice of forum should be accorded minimal deference and the case should be transferred to N.D. Cal. in light of the extreme imbalance of convenience.
