‘Venue Is Not a Continental Breakfast’: Judge transfers case as district declares it won’t adopt anti-‘judge shopping’ policy
April 1, 2024, 10:18 am CDT
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The federal courts in the Northern District of Texas won’t implement a new policy that aims to curb “judge shopping” by randomly assigning some civil cases filed in single-judge divisions to judges throughout the district. (Image from Shutterstock)
The federal courts in the Northern District of Texas won’t implement a new policy that aims to curb "judge shopping" by randomly assigning some civil cases filed in single-judge divisions to judges throughout the district.
Chief U.S. District Judge David C. Godbey said in a letter judges in the Northern District of Texas opted not to implement the policy adopted by the U.S. Judicial Conference, which applies to cases challenging federal or state laws, report Law360 and Reuters. The Judicial Conference has said its policy is a recommendation, according to the Washington Post.
According to Reuters, the Northern District of Texas “has become a favored destination for conservatives suing to block President Joe Biden’s agenda.”
One judge in the Northern District of Texas took matters into his hands when he transferred to Washington, D.C., a challenge to a new rule that restricts credit card late fees.
Reuters and the Associated Press have coverage of the March 28 decision by U.S. District Judge Mark Pittman of Fort Worth, Texas, an appointee of former President Donald Trump.
The plaintiffs had claimed that the Consumer Financial Protection Bureau acted beyond its authority when it adopted the rule, and the agency is unconstitutionally structured.
Pittman said the defendants and three of the six plaintiffs live in Washington, D.C. Venue in Forth Worth, Texas, on the other hand, is established by the residency of one of the six plaintiffs. Out of 10 lawyers involved in the case, eight have offices in Washington, D.C.
The fact that customers of businesses in the Northern District of Texas will potentially feel the effects of the rule does not create a particularized injury in the Northern District of Texas, Pittman said.
“Under plaintiffs’ theory, there isn’t a city in the country where venue would not lie, as every city has customers who may potentially be impacted by the rule,” Pittman wrote. “Venue is not a continental breakfast; you cannot pick and choose on a plaintiffs’ whim where and how a lawsuit is filed.”
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