Transfer to Georgia is unwarranted
Acuity Brands, Inc., et al., v. Cooper Industries, Inc., et al., C.A. No. 07-444-GMS, July 31, 2008.
Sleet, C.J. Defendants’ motion to transfer to the Northern District of Georgia is denied.
Although the action could have been brought in Georgia where defendant has its principal place of business, the fact that Delaware is plaintiff’s home turf is of paramount consideration. Defendant is a Delaware corporation, and Delaware has a substantial interest in maintaining lawsuits brought by and between its corporate citizens. Courts have transferred where defendant’s sole tie to Delaware was its place of incorporation where there was already related litigation in the transferee forum. That is not the case here. Convenience of witnesses is relevant only to the extent they would be unavailable at trial. Party witnesses are presumed willing to testify at trial.
A full copy of the opinion is available here.
