Amerisourcebergen Corporation v. Warrior Freight Systems LLC
- Lewis Liman
- 1:22-cv-05251
- U.S. District Court · Southern District of New York
- 1
In AmerisourceBergen v. Warrior Freight, Judge Liman granted transfer to the Eastern District of Pennsylvania under the parties’ forum-selection clause.
AmerisourceBergen Corporation and Warrior Freight Systems LLC; the case was transferred from the Southern District of New York to the Eastern District of Pennsylvania.
What happened
AmerisourceBergen Corporation sued Warrior Freight Systems LLC. AmerisourceBergen asked to move the case from the Southern District of New York to the Eastern District of Pennsylvania, and Warrior Freight had not appeared or opposed the request.
The parties’ contract said proceedings arising from the agreement would be heard only in the courts of Chester County, Pennsylvania, or the Eastern District of Pennsylvania. The court found no extraordinary public-interest reason to keep the case in New York.
Judge Lewis J. Liman granted AmerisourceBergen’s motion to transfer. He directed the clerk to transfer the case to the Eastern District of Pennsylvania.
The detailed version
- Amerisourcebergen Corporation v. Warrior Freight Systems LLC · No. 1:22-cv-05251
- Lewis Liman
- Mar. 20, 2023
Background
AmerisourceBergen Corporation sued Warrior Freight Systems LLC. AmerisourceBergen moved under 28 U.S.C. § 1404(a), a statute that permits a federal court to transfer a civil case for the convenience of the parties and witnesses and in the interest of justice. Warrior Freight had not appeared, and the motion was unopposed.
Forum-selection clause
The contract between the parties provided that any proceeding arising from the agreement would be heard solely in the courts of Chester County, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania. The court applied the rule that a valid forum-selection clause ordinarily requires transfer to the chosen forum unless extraordinary circumstances unrelated to the parties’ convenience justify denying the transfer.
Ruling
The court identified no public-interest factors that made the case extraordinary or warranted retaining it in the Southern District of New York. The court therefore granted AmerisourceBergen’s motion to transfer and directed the clerk to transfer the case to the Eastern District of Pennsylvania.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.