Federal Circuit Orders More Transfers out of West Texas, Repeats Criticism of Weight Given to “Court Congestion”

November 27, 2021

The Federal Circuit has ordered District Judge Alan D. Albright to transfer several more cases out of his courtroom, reversing prior denials of motions to transfer for convenience. These latest decisions build on a growing number of writs of mandamus that cement a clear appellate position: a district court abuses its discretion when it denies a defendant transfer to a more convenient forum, based on the other applicable factors, because “court congestion”—i.e., the West Texas court’s ability and willingness to set a relatively aggressive case schedule—is viewed to weigh against transfer, however heavily.

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