IN RE VOLKSWAGEN OF AMERICA, INC.

No. 07-40058.

545 F.3d 304 (2008)

In re: VOLKSWAGEN OF AMERICA, INC., a New Jersey Corporation; Volkswagen AG, a foreign corporation organized under the laws of Germany, Petitioners.

United States Court of Appeals, Fifth Circuit.

October 10, 2008.


Attorney(s) appearing for the Case

Danny S. Ashby (argued), Robert H. Mow, Jr., Christopher Donald Kratovil, K & L Gated, LLP, Dallas, TX, Burgain G. Hayes, Austin, TX, Ningur Akoglu, Ian Ceresney, Herzfeld & Rubin, New York City, for Volkswagen of America, Volkswagen AG.

William David George, Earnest William Wotring, Connelly Baker Wotring, LLP, Lonny Jacob Hoffman, Houston, TX, Peter Albert Sullivan, Hughes, Hubbard & Reed, New York City, Oscar Rey Rodriguez, Fulbright & Jaworski, Szmiel Franklin Baxter, Robert E. Goodfriend, Rosemary T. Snider, McKool Smith, Dallas, TX, for Amici Curiae.

Martin Jonathan Siegel (argued), Law Offices of Martin J. Siegel, Houston, TX, Carl R. Roth, Roth Law Firm, Michael Charles Smith, Siebman, Reynolds, Burg, Phillips & Smith, LLP, Marshall, TX, Jeffrey T. Embry, Hossley & Embry, Tyler, TX, Thomas Andrew Crosley, San Antonio, TX, for plaintiffs-respondents.

Before JONES, Chief Judge, and KING, JOLLY, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, and HAYNES, Circuit Judges.


E. GRADY JOLLY, Circuit Judge, joined by EDITH H. JONES, Chief Judge, and JERRY E. SMITH, RHESA H. BARKSDALE, EMILIO M. GARZA, EDITH BROWN CLEMENT, OWEN, JENNIFER W. ELROD, SOUTHWICK and HAYNES, Circuit Judges:

The overarching question before the en banc Court is whether a writ of mandamus should issue directing the transfer of this case from the Marshall Division of the Eastern District of Texas—which has no connection to the parties, the witnesses...

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