One strategic option in a class action that is rarely used in my experience (and as reflected in case law) but has a fair amount of law to support it is seeking a transfer of venue in federal court.  In a multistate or nationwide putative class action, a defendant may have a strong argument for transfer of venue to the federal district where the corporate headquarters are located.  A number of courts have concluded that the named plaintiff’s choice of forum in a putative class action is entitled to less weight where the named plaintiff is in one state and the putative class members are mostly in other states.  Because discovery in a class action often focuses on the defendant’s documents and witnesses, the standard factors for transfer of venue (the location of witnesses and documents and locus of operative facts) often point to the district where the defendant’s central corporate offices are located. 

A recent decision that caught my eye on this issue is Chambers v. North American Company for Life & Health Insurance, 2011 U.S. Dist. LEXIS 133844 (N.D. Ill. Nov. 18, 2011).  In that case, the court transferred a nationwide putative class action to the Southern District of Iowa, where the defendant had its headquarters.  The court explained that “because Plaintiff represents a putative class and opted to litigate outside of her home forum, we afford Plaintiff’s choice of forum little weight,” and also that “[b]ecause Plaintiff brings this suit as a national class action, we afford her choice of forum little weight but do not disregard it entirely.”  Id. at *7-9.  The other factors the court found significant were that the relevant witnesses were largely located at the insurer’s home office in Iowa, and the relevant events regarding the insurer’s alleged conduct occurred there.  Id. at *10-13.

This is a strategic option that should not be overlooked.  Most defendants would prefer to litigate a case in their “home” district and rarely is there anything to lose from filing a motion to transfer.  You’re unlikely to offend the judge you have in the court where suit was filed.  Indeed, many judges welcome getting a complex case off their busy docket and sending it elsewhere if it makes reasonably good sense to do so.  It’s surprising that there aren’t more decisions on this subject in class actions.

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Photo of Wystan Ackerman Wystan Ackerman

I am a partner at the law firm of Robinson+Cole in Hartford, Connecticut, USA.  My contact information is on the contact page of my blog.  I really enjoy receiving questions, comments, suggestions and even criticism from readers.  So please e-mail me if you…

I am a partner at the law firm of Robinson+Cole in Hartford, Connecticut, USA.  My contact information is on the contact page of my blog.  I really enjoy receiving questions, comments, suggestions and even criticism from readers.  So please e-mail me if you have something to say.  For those looking for my detailed law firm bio, click here.  If you want a more light-hearted and hopefully more interesting summary, read on:

People often ask about my unusual first name, Wystan.  It’s pronounced WISS-ten.  It’s not Winston.  There is no “n” in the middle.  It comes from my father’s favorite poet, W.H. (Wystan Hugh) Auden.  I’ve grown to like the fact that because my name is unusual people tend to remember it better, even if they don’t pronounce it right (and there is no need for anyone to use my last name because I’m always the only Wystan).

I grew up in Deep River, Connecticut, a small town on the west side of the Connecticut River in the south central part of the state.  I’ve always had strong interests in history, politics and baseball.  My heroes growing up were Abraham Lincoln and Wade Boggs (at that time the third baseman for the Boston Red Sox).  I think it was my early fascination with Lincoln that drove me to practice law.  I went to high school at The Williams School in New London, Connecticut, where I edited the school newspaper, played baseball, and was primarily responsible for the installation of a flag pole near the school entrance (it seemed like every other school had one but until my class raised the money and bought one at my urging, Williams had no flag pole).  As a high school senior, my interest in history and politics led me to score high enough on a test of those subjects to be chosen as one of Connecticut’s two delegates to the U.S. Senate Youth Program, which further solidified my interest in law and government.  One of my mentors at Williams was of the view that there were far too many lawyers and I should find something more useful to do, but if I really had to be a lawyer there was always room for one more.  I eventually decided to be that “one more.”  I went on to Bowdoin College, where I wrote for the Bowdoin Orient and majored in government, but took a lot of math classes because I found college math interesting and challenging.  I then went to Columbia Law School, where I was lucky enough to be selected as one of the minions who spent their time fastidiously cite-checking and Blue booking hundred-plus-page articles in the Columbia Law Review.  I also interned in the chambers of then-Judge Sonia Sotomayor when she was a relatively new judge on the Second Circuit, my only connection to someone who now has one-ninth of the last word on what constitutes the law of our land.  I graduated from Columbia in 2001, then worked at Skadden Arps in Boston before returning to Connecticut and joining Robinson+Cole, one of the largest Connecticut-based law firms.  At the end of 2008, I was elected a partner at Robinson+Cole.

I’ve worked on class actions since the start of my career.  Being in the insurance capital of Hartford, we have a national insurance litigation practice and most of the class actions I’ve defended have been brought against insurance companies. I’ve also handled some involving products liability, managed care, health care, utilities, financial services, higher education and environmental issues.

My insurance class action practice usually takes me outside of Connecticut.  I’ve had the pleasure of working on cases in various federal and state courts and collaborating with great lawyers across the country.  While class actions are an increasingly large part of my practice, I don’t do exclusively class action work.  The rest of my practice involves litigating insurance coverage cases, often at the appellate level.  That also frequently takes me outside of Connecticut.  A highlight of my career thus far was working on Standard Fire Ins. Co. v. Knowles, the U.S. Supreme Court’s first Class Action Fairness Act case.  I was Counsel of Record for Standard Fire on the cert petition, and had the pleasure of working with Ted Boutrous on the merits briefing and oral argument.

I started this blog because writing is one of my favorite things to do and I enjoy following developments in class action law, writing about them and engaging in discussion with others who have an in interest in this area.  It’s a welcome break from day-to-day practice, keeps me current, broadens my network and results in some new business.

When I’m not at work, you might find me running lines or watching a musical with my teenage daughter who hopes to be a Broadway star (or taking her to voice or dance lessons) or reading a good book.