A car driven by a vacationer and a tractor-trailer driven by truck driver collided with each other. The vacationer filed an action based on negligence against the truck driver in federal district court in the state in which he resided. The court had subject-matter jurisdiction over this action but not personal jurisdiction over the truck driver, who did not reside in the forum state but rather in the state in which the accident had occurred. The truck driver timely filed a motion to dismiss the action due to lack of personal jurisdiction and proper venue. May the court transfer the action to the federal district court for the district in which the truck driver resides if the court determines that such transfer is in the interest of justice

Although venue isn't improper in the forum court because the accident did not occur in the forum state nor did the defendant truck driver reside there, the forum court may transfer the action to any judicial district in which it originally could of been brought if it determines that such transfer in the interest of justice. Here, the action could of been brought into the federal district court for the district in which the truck driver resides

Baraq Baraq · Answer 2 · 2021-10-10T15:24:18+02:00

Considering the situation described in the question, it is true that:

The court may transfer the action to the federal district court for the district where the truck driver resides if the court determines that such transfer is in the interest of justice.

This is based on the United States law code 28, Part IV, Chapter 87, Subsection 1404, Article A., which explains the need for Change of Venue.

This portion of the United States code stated that for convenience purposes that involve parties to the case and witnesses, particularly in the interest of justice, a district court might move any civil action to any other district to which all parties have consented.

Hence, in this case, it is concluded that it is true that the court may transfer the action to the federal district court for the district where the truck driver resides if the court determines that such transfer is in the interest of justice.

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