Sunday, January 22, 2006

You Can Run, But You Can’t Hide

Last week, Judge Joel A. Pisano (D. N.J.) called it like he saw it in the World Access securities class action, and that meant labeling Plaintiffs’ tactics as "the most blatant example of forum shopping seen by this Court." You see, the original World Access cases were filed and consolidated in the Northern District of Georgia, where they were overseen by Judge Orinda D. Evans. Judge Evans slowly turned the case into nothing over several years, first denying class certification, and then tossing the two individual plaintiffs’ remaining claims on summary judgment.

So, even though "most, if not all, of the essential acts, transactions, and wrongful conduct at issue occurred in the Northern District of Georgia," some new Plaintiffs filed the case again, this time in the District of New Jersey. Not surprisingly, Judge Pisano has decided to ship the new action back to Judge Evans in Georgia, as "considering her familiarity with this case, Judge Evans will be able to provide the parties with a more expeditious resolution of this long pending matter than the parties would achieve in this Court."

Oh, it’s sure to be expeditious all right. Maybe painful too.

You can read Yang v. Odum, issued January 17, 2006, at 2006 U.S. Dist. LEXIS 1279.

Nugget: "With great respect to the Northern District of Georgia's previous disposition of the various issues presented in this litigation, and being critical of Plaintiffs' attempt to frustrate Judge Evans's previous efforts, this Court orders this case transferred to the Northern District of Georgia."

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