Hoisington v. WCAX-TV
- Laura Swain
- 1:24-cv-04560
- U.S. District Court · Southern District of New York
- 5
In Hoisington v. WCAX-TV, Judge Swain transferred the action from New York to Vermont for convenience and justice.
Miles E. Hoisington, Jr.’s action was moved from the Southern District of New York to the United States District Court for the District of Vermont, where further decisions—including whether he may proceed without prepaying fees—are to be made.
What happened
In Hoisington v. WCAX-TV, Miles E. Hoisington, Jr. filed the case without a lawyer, asserting claims under federal civil-rights law and state law. He alleged that WCAX-TV broadcast and posted false information about him, harming his law practice.
The court concluded that New York, Vermont, and possibly New Hampshire were proper venues, but Vermont appeared more convenient because WCAX-TV was based there and the broadcast and related evidence and witnesses were likely there. The court therefore decided that the case should be transferred rather than litigated in New York.
Judge Laura Taylor Swain ordered the Clerk to transfer the action to the United States District Court for the District of Vermont. The New York court issued no summons, left the question of proceeding without prepaying fees to the Vermont court, closed the action in New York, and denied fee-free status for an appeal.
The detailed version
- Hoisington v. WCAX-TV · No. 1:24-cv-04560
- Laura Swain
- June 20, 2024
Background
Miles E. Hoisington, Jr., an attorney admitted to the Southern District of New York, filed this action without a lawyer. He asserted claims under 42 U.S.C. § 1983, a federal civil-rights statute, and under state law, seeking damages and an injunction. He alleged that WCAX-TV broadcast a false news story about him in Vermont in or around mid-June 2019 and later made the story available on its website. He alleged that the broadcast and online publication harmed his law practice.
Venue analysis
The court explained that federal venue law permits a case to be brought where a defendant resides, where a substantial part of the events occurred, or, in some circumstances, where the defendant is subject to the court’s authority. Based on Hoisington’s allegations, the court determined that the District of Vermont and possibly the Southern District of New York and the District of New Hampshire were proper venues. WCAX-TV was alleged to be organized and headquartered in Vermont. The court also noted that the alleged broadcast and transmission appeared to have come from Vermont, while Hoisington alleged that he was harmed in New York.
Even when venue is proper, 28 U.S.C. § 1404(a) allows transfer to another federal district where the case could have been brought when transfer would serve the convenience of the parties and witnesses and the interests of justice. The court found transfer to Vermont appropriate because WCAX-TV resided there, Hoisington was on sabbatical there, and significant events, documents, and witnesses were reasonably expected to be located there. The court did not decide whether Hoisington’s claims were legally valid.
Disposition
Judge Laura Taylor Swain directed the Clerk of Court to transfer the action to the United States District Court for the District of Vermont. The court stated that a summons would not issue from the Southern District of New York and left the question of whether Hoisington could proceed without prepaying fees to the Vermont court. The order closed the action in the Southern District of New York. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.