Robertson v. Cartinhour
United States District Court for the Southern District of New York
2011 U.S. Dist. LEXIS 126030 (2011)
Wade Robertson (plaintiff) and William Cartinhour (defendant) formed a securities-litigation partnership, but after Robertson failed to win any suits despite investing large sums, Cartinhour demanded his money back and threatened to sue. Robertson struck first, suing Cartinhour and others in the D.C. federal court, where a jury ultimately ruled for Cartinhour on his counterclaims. Robertson then filed a second suit in the Southern District of New York against Cartinhour and some of the same defendants, based on the same underlying events but alleging fraud, defamation, and tortious interference, and the New York defendants moved to transfer that case back to D.C.
Whether it is appropriate for a judge to grant a motion to transfer venue under 28 U.S.C. Section 1404(a) when an assessment of the relevant factors supports transfer and the plaintiff's choice of venue appears to have been tactical.