ATRA President: West Virginia Falling Behind on Legal Reform
Tiger Joyce Warns State Risks Losing Business to More Competitive Neighbors
In Re DCH Healthcare Authority et al. v. Purdue Pharma
(Ala., filed March 25, 2020): Arguing the Court should grant review to enforce the Legislature’s venue reforms and protect the judiciary from a perception of impropriety. Also arguing that the Court should grant review to stay within mainstream American jurisprudence.
On December 31, 2020, the Court held that the venue was proper in Conecuh County because it found that the allegations arose out of the same transactions and occurrences, which it admittedly defined broadly stating that these terms can have “flexible” meanings. Second, it denied defendants’ forum noneconveniens motion saying that the plaintiffs’ forum is given deference, in national cases with multiple parties it is more difficult to show that one forum is meaningfully better than others, and that defendants did not provide the type of specific evidence that would be significantly inconvenienced by having the proceedings in Conecuh County.
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