Graham v. Dyncorp International, Inc.
United States District Court for the Southern District of Texas
973 F. Supp. 2d 698 (2013)
Oklahoma resident Graham (plaintiff), struck by a vehicle driven by a DynCorp (defendant) employee in Afghanistan, sued in the Southern District of Texas, where DynCorp had a NASA contract but only 1.2% of its overall revenue; DynCorp also had substantial contacts with the Northern District of Texas (a large Fort Worth office, a registered agent, auditors, and an Air Force base contract) and its actual headquarters in the Eastern District of Virginia. DynCorp moved to dismiss for improper venue, requesting transfer to Virginia if the case wasn't dismissed outright.
Whether, in selecting between two competent forums for transfer of venue under 28 U.S.C. section 1406(a), courts must choose the venue that is more convenient for the parties, witnesses, and courts.