Category: Venue

Venue Transferred Where Kansas Plaintiffs Sue Missouri Defendants in Delaware


This is a case where the court decided to transfer venue to another district pursuant to 28 U.S.C. ยง 1404(a). Kansas plaintiffs retained Missouri lawyers to file a fraud lawsuit against another party. The Delaware Court dismissed that case. The Kansas Plaintiffs then brought a legal malpractice action against their former attorneys in Delaware. They argued that since the Delaware District Court heard the first case, it should hear the malpractice case. The court held that venue should be transferred to the District of Missouri where the lawyer maintained offices. The court noted that none of the parties were from Delaware, but the lawyers were located in Missouri. The law of legal negligence was the same no matter what jurisdiction was selected. The witnesses were located in Missouri, not Delaware, Finally, the court could not compel witnesses from Kansas or Missouri to testify in Delware. Result case transferred to the Western District of Missouri.

via Simpson v. WILLIAM DIRKS DAMERON, LLC, Dist. Court, D. Delaware 2018 – Google Scholar