Hey, #LitigationDisasterTourists and CivPro geeks, this is definitely worth a look.
Tl;dr: In 2018, the NJ AG sent cease and desist letters to people who were publishing 3d-printing files for guns and gun parts.
Those folks sued the NJ AG in Texas.
Tl;dr: In 2018, the NJ AG sent cease and desist letters to people who were publishing 3d-printing files for guns and gun parts.
Those folks sued the NJ AG in Texas.
https://twitter.com/kkaplan/status/1552293853042024449
The NJ AG moved to dismiss for lack of jurisdiction, and the Texas Ct granted it.
The 5th Circuit reversed.
The NJ AG then asked to transfer the case to NJ, where another similar case was pending. TX court granted it. Case was transferred and consolidated with the NJ case.
The 5th Circuit reversed.
The NJ AG then asked to transfer the case to NJ, where another similar case was pending. TX court granted it. Case was transferred and consolidated with the NJ case.
Meanwhile, the plaintiff asked the 5th circuit to order the judge to take the case back. And it did. Except, because the case had already been transferred, all it could do was order the Texas district court to ASK the NJ district court to send the case back
Which the Texas court promptly did.
And the NJ District Court just said "sorry, no" storage.courtlistener.com/recap/gov.usco…
And the NJ District Court just said "sorry, no" storage.courtlistener.com/recap/gov.usco…
Correctly so. The Plaintiffs in Texas were the same folks who filed in NJ, except with additional, non-Texas plaintiffs, and they didn't oppose the consolidation of the two cases when it happened (about a year ago). At this point, there's no existing "Texas case" to transfer back
And re-dividing the case and making the NJ AG litigate the same issues in 2 different fora makes no sense at all.
A bunch of other legal reasons why transfer is inappropriate here, too, but the bottom line, the 5th Circuit said "ours, please and thank you" and NJ said "nope, yw"
A bunch of other legal reasons why transfer is inappropriate here, too, but the bottom line, the 5th Circuit said "ours, please and thank you" and NJ said "nope, yw"
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