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Ferens v. John Deere Co.
In the previous case, Van Dusen, the Supreme Court held that if venue is proper in the transferor court, and if the transferor court had personal jurisdiction, and if the defendant (not the plaintiff or the court sua sponte) requested the transfer, then the choice of law rules and analysis of the transferor court's state govern in a diversity case.
What happens when venue is proper in the transferor court, and the transferor court has personal jurisdiction, but the plaintiff (not the defendant, nor the court sua sponte) requests the transfer? Should the choice of law rules and analysis of the transferor court still govern?
You may be thinking: why would a plaintiff file a diversity lawsuit in a federal court in State A and then request a transfer to a federal court in State B? Read on.
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