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In re Sea Ray Boats, Inc.

No Mandamus Relief for Denial of Post-TC Heartland Transfer Motion

In re Sea Ray Boats, Inc., 2017 WL 2577399 (Fed. Cir. June 9, 2017) (Per Curiam: Newman (dissenting), Wallach, Stoll) (E.D. Va.: Morgan) (3 of 5 stars)

Fed Cir denies motion to stay trial and petition for writ of mandamus following district court’s denial of motion to transfer venue. The underlying litigation began in January 2015; the motion to transfer was filed approximately two weeks before trial.

Dissent: Judge Newman would have granted the stay and ordered expedited briefing and resolution of the issue, noting that the district court found venue in Virginia proper even under the standard of Fourco, 353 U.S. 222 (1957), that TC Heartland embraced.

KEYWORDS: MANDAMUS; VENUE; MOTION TO STAY; SEA RAY BOATS, INC.