Ferens v. John Deere Company Page 18

Ferens v. John Deere Company general information

Media for Ferens v. John Deere Company

Audio Transcription for Oral Argument - November 06, 1989 in Ferens v. John Deere Company

William H. Rehnquist:

You have two minutes.

Richard B. Tucker, III:

Thank you, Your Honor.

There are just three points that I would like to touch on very briefly.

Justice Scalia's interest of justice analysis, I think, results in this case in the requirement that the Third Circuit's decision be reversed and this case be remanded to the Western District of Pennsylvania for trial.

And if the Court adopts the position, or at least the suggestion, that Justice Scalia has indicated from his questioning, I think that that is the appropriate outcome in this particular case.

I wanted to address something that Justice Stevens was talking about, asking in terms of what enlargement of rights is there from the transfer of the case from the Southern District of Mississippi back to the Western District of Pennsylvania.

As Your Honor pointed out, there is no enlargement of rights.

There is only one benefit to the Plaintiff in this particular case; it is more convenient.

And lo and behold, you look at Section 1404 and what does it say, for the convenience of the parties.

The transfer of the case was for the express purposes set forth in the statute.

If you listen to the arguments that are being made by the Respondents, they are all in favor of discouraging plaintiffs from utilizing forums which would be properly available for them under the venue statutes set forth in the judicial code.

How are they going to discourage that?

They are going to discourage it by making it inconvenient and expensive for plaintiffs to try cases in those forums.

Again, I submit that any argument that fosters an application of Section 1404 against the convenience is--

William H. Rehnquist:

Thank you, Mr. Tucker, your time is expired.

Richard B. Tucker, III:

--Thank you, Your Honor.