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A Telling Trio of Recent Convenience Transfer Denials

August 25, 2024

“We are not prepared to say that the district court clearly abused its discretion in making what here was a case-specific assessment of the record that it was uniquely well-positioned to do”. So ruled the Federal Circuit last week in denying an Apple petition for a writ of mandamus that would have required Western District of Texas Judge Alan D. Albright to transfer for convenience a case filed by Resonant Systems, Inc. (d/b/a RevelHMI) to the Northern District of California. Observers have noted greater recent deference from the appeals court concerning Judge Albright’s denials of motions for convenience transfers, the reason for which deference might be the simplest one, observable simply by considering the heart of Judge Albright’s denial of Apple’s motion here.


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