Continental Airlines, Inc. v. American Airlines, Inc.

805 F. Supp. 1392, 1992 U.S. Dist. LEXIS 17659, 1992 WL 333428
CourtDistrict Court, S.D. Texas
DecidedNovember 4, 1992
DocketCiv. A. G-92-259, G-92-266
StatusPublished
Cited by95 cases

This text of 805 F. Supp. 1392 (Continental Airlines, Inc. v. American Airlines, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Continental Airlines, Inc. v. American Airlines, Inc., 805 F. Supp. 1392, 1992 U.S. Dist. LEXIS 17659, 1992 WL 333428 (S.D. Tex. 1992).

Opinion

ORDER

KENT, District Judge.

Before the Court is Defendants’ Motion to Transfer pursuant to 28 U.S.C. § 1404(a). For the reasons stated below, the Court is of the opinion that the motion should be DENIED.

DISCUSSION

Defendants move, pursuant to 28 U.S.C. § 1404(a), to transfer this action to the United States District Court for the Northern District of Texas, Fort Worth Division (“Northern District”), 1 or, in the alternative, to the United States District Court for the Southern District of Texas, Houston Division (“Houston Division”). Section 1404(a) provides

[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.

A.

As an initial matter, it must be noted that the “where it might have been brought” language refers to the statutes governing jurisdiction and venue in the federal courts. Van Dusen v. Barrack, 376 U.S. 612, 624, 84 S.Ct. 805, 813, 11 L.Ed.2d 945 (1964). Thus, a court may not grant a section 1404(a) motion to transfer unless, at the time suit was filed, venue could have been properly laid in the proposed transferee court and that court could have exercised subject matter jurisdiction over the action and personal jurisdiction over all the defendants. Liaw Su Teng v. Skaarup Shipping Corp., 743 F.2d 1140, 1148 (5th Cir.1984).

The instant case is a suit for treble damages and injunctive relief for violations of the Sherman Act, 15 U.S.C. § 2. It is undisputed that Defendant American Airlines, Inc. (“American”) is a Delaware corporation with its principal place of business at the Dallas-Fort Worth airport; that Defendant AMR Corporation is a Delaware corporation with its principal place of business in Fort Worth, Texas; and that venue was properly laid in this Court pursuant to 28 U.S.C. § 1391(bHc).

Given these facts, it is clear that this case could have originally been brought in either the Northern District or the Houston Division. A court in either the Northern District or the Houston Division could have exercised subject matter jurisdiction over this action pursuant to 15 U.S.C. §§ 15, 2 26 3 and 28 U.S.C. §§ 1331, 4 *1395 1337. 5 Similarly, a court in either the Northern District or the Houston Division could have exercised personal jurisdiction over both Defendants, given that each has its principal place of business in the Northern District. For the-same reason, venue could have properly been laid in the Northern District pursuant to 28 U.S.C. § 1391(b)-(c).l 6 In short, this is an action which “could have been brought” in either the Northern District or the Houston Division. Therefore, the Court may consider the merits of Defendants’ motion.

B.

It is well settled that the party moving for a change of venue pursuant to 28 U.S.C. § 1404(a) has the burden of demonstrating why the forum should be changed. See, e.g., Time, Inc. v. Manning, 366 F.2d 690, 698 (5th Cir.1966). Exactly what this burden is, or, to phrase the question another way, the deference that should be given to a plaintiff’s choice of forum, is less clear. Innumerable cases may be cited for the proposition that the moving party must demonstrate that the balance of relevant factors tips heavily in favor of transfer before a section 1404(a) motion may be granted. See, e.g., 15 C. Wright, A. Miller & E. Cooper, Federal Practice & Procedure § 3848, at 389 & n. 21 (1986) [hereinafter “Wright & Miller”]. However, as Professors Wright, Miller, and Cooper have noted, it is possible to argue that these cases overstate the deference that must be shown to a plaintiff’s choice of forum. 7 Many of these cases were decided, or rely on cases that were decided, shortly after section 1404(a) was enacted. At that time, it was widely believed that section 1404(a) merely codified the common law of forum non conveniens. Because there is generally a strong presumption in favor of the plaintiff's choice of forum in forum non conveniens cases, 8 many courts assumed that this presumption also applied in section 1404(a) cases. However, in Norwood v. Kirkpatrick, 9 the Supreme Court held that district courts have more discretion to transfer cases under section 1404(a) than they do to dismiss cases for forum non conveniens.

Thus, it cannot be said with certainty that in ruling on a section 1404(a) motion a court must exercise a strong presumption in favor of plaintiff’s choice of forum. By the same token, however, it is certainly a factor to be considered, 10 and both the Fifth Circuit and numerous district courts in this circuit have held that, subject to certain exceptions not relevant here, it is entitled to great deference. See, e.g., Peteet v. Dow Chem. Co., 868 F.2d 1428, 1436 (5th Cir.), cert. denied sub nom. Dow Chem. Co. v. Greenhill, 493 U.S. 935, 110 S.Ct. 328, 107 L.Ed.2d 318 (1989); Menendez Rodriguez v. Pan American Life Ins. Co., 311 F.2d 429, 434 (5th Cir.1962) (cited with approval in Peteet, supra, and Time, Inc. v. Manning, supra), vacated on other grounds, 376 U.S. 779, 84 S.Ct. 1130, 12 L.Ed.2d 82 (1964); Enserch Int’l Exploration, Inc. v. Attock Oil Co., Ltd., 656 F.Supp. 1162, 1167 n. 15 (N.D.Tex.1987); United Sonics, Inc. v. Shock, 661 F.Supp. 681, 683 (W.D.Tex.1986); McRae v. Sawyer, 660 F.Supp.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Duval v. DeMaster
E.D. Texas, 2020
Hammers v. Mayea-Chang
E.D. Texas, 2019
Bennett v. Moran Towing Towing Corp.
181 F. Supp. 3d 393 (S.D. Texas, 2016)
Watson v. Fieldwood Energy Offshore, LLC
181 F. Supp. 3d 402 (S.D. Texas, 2016)
Cosmetic Warriors Ltd. v. Abrahamson
723 F. Supp. 2d 1102 (D. Minnesota, 2010)
Austin v. Nestle USA, Inc.
677 F. Supp. 2d 1134 (D. Minnesota, 2009)
S & D Trading Academy, LLC v. Aafis, Inc.
494 F. Supp. 2d 558 (S.D. Texas, 2007)
Amini Innovation Corp. v. JS IMPORTS INC.
497 F. Supp. 2d 1093 (C.D. California, 2007)
EMPTY BARGE LINES II v. Dredge Leonard Fisher
441 F. Supp. 2d 786 (E.D. Texas, 2006)
Ray Mart, Inc. v. Stock Building Supply of Texas, L.P.
435 F. Supp. 2d 578 (E.D. Texas, 2006)
Brown v. Petroleum Helicopters, Inc.
347 F. Supp. 2d 370 (S.D. Texas, 2004)
Z-Tel Communications, Inc. v. SBC Communications, Inc.
331 F. Supp. 2d 567 (E.D. Texas, 2004)
Holmes v. Energy Catering Services, LLC
270 F. Supp. 2d 882 (S.D. Texas, 2003)
Walter Oil & Gas Corp. v. Teekay Shipping
270 F. Supp. 2d 855 (S.D. Texas, 2003)
Lajaunie v. L & M Bo-Truc Rental, Inc.
261 F. Supp. 2d 751 (S.D. Texas, 2003)
Speed v. Omega Protein, Inc.
246 F. Supp. 2d 668 (S.D. Texas, 2003)
Von Graffenreid v. Craig
246 F. Supp. 2d 553 (N.D. Texas, 2003)
Elliott v. Carnival Cruise Lines
231 F. Supp. 2d 555 (S.D. Texas, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
805 F. Supp. 1392, 1992 U.S. Dist. LEXIS 17659, 1992 WL 333428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/continental-airlines-inc-v-american-airlines-inc-txsd-1992.