So I found this little piece of trash today:
This is Bill Schmalfeldt’s Motion To Transfer due to forum non conveniens. I have made a copy for myself, so that it can be uploaded again when he realizes how much we are laughing at him and hides it from public view as he has in the past.
I like to be prepared.
Anyway, I thought I would take a brief look at the various case law citations he has included in the motion, and gauge their relative strength relative to his desire to have the case transferred from Maryland to Wisconsin.
For the record, he cites the following cases (which I have helpfully linked):
- Lampros v. Gelb & Gelb, P.C., 153 Md. App 447, 454 (Md. Ct. Spec. App. 2003)
- Odenton Dev. Co. v. Lamy, 320 Md. 33, 40 (1990)
- Payton-Henderson v. Evans, 949 A. 2d 654 (Md. Ct. Spec. App. 2008), which in turn refers to each of the following:
- Cobrand v. Adventist Healthcare, Inc., 149 Md. App. 431, 438, 816 A. 2d 117 (2003)
- Urquhart v. Simmons, 339 Md. 1, 10, 660 A. 2d 412 (1995)
- Lennox v. Mull, 89 MD. App. 555, 563, 598 A. 2d 847 (1991)
I reviewed each of these decisions for two pieces of information, and only two pieces of information: where the initial case was filed, and where the transferee venue was located.
In Lampros v Gelb & Gelb, a suit was filed in Montgomery County, Maryland, and the Appeals court found that the proper venue was Anne Arundel County, Maryland.
In Odenton Dev. Co v. Lamy, the venue conflict was between Baltimore City, Maryland, and Anne Arundel County, Maryland.
In Payton-Henderson v. Evans, the original complaint was filed in Baltimore City, Maryland and was then transferred on appeal to Baltimore County, Maryland.
In Cobrand v. Adventist Healthcare, the suit was filed in Prince George’s County, Maryland and transferred on motion to Montgomery County, Maryland.
In Urquhart v. Simmons, a case was transferred from Prince George’s County, Maryland to Montgomery County, Maryland.
Finally, Lennox v. Mull is a case where venue was contested between Allegany County, Maryland and Worcester County, Maryland.
Now maybe it’s just me, but I see a common thread linking all the venues listed in these cases. Maybe it has something to do with state courts, handling STATE lawsuits, having some sort of imposed geographical limits on their power…
Could be something else, though…I suppose…
Maybe someone will enlighten us on how often a state court transfers a state case out of state. I searched for such a precedent in Maryland and didn’t find a single one. But I didn’t search all 57 states.
Even so, I feel confident that a state punting its judicial sovereignty across the river doesn’t happen
too often ever.