In Re Cragar Indus., Inc. & Gen. Motors Corp., 706 F.2d 503 (5th Cir. 1983). · Go Syfert
In Re Cragar Indus., Inc. & Gen. Motors Corp., 706 F.2d 503 (5th Cir. 1983). Cases Citing This Book View Copy Cite
“the transferee-district court should accept the ruling on the transfer as the law of the case and should not retransfer except under the most impelling and unusual circumstances or if the transfer is manifestly erroneous.”
66 citation events (42 in the last 25 years) across 25 distinct courts.
Strongest positive: VLSI Technology LLC v. Intel Corporation (txwd, 2020-11-20)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 32 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) VLSI Technology LLC v. Intel Corporation
W.D. Tex. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the system works best when able district judges . . . are able to manage their own dockets.
examined Cited as authority (verbatim quote) Ray REPP & K & R Music, Inc. v. Webber (3×) also: Cited as authority (rule), Cited "see"
S.D.N.Y. · 1992 · signal: see · quote attribution · 1 verbatim quote · confidence high
the transferee-district court should accept the ruling on the transfer as the law of the case and should not retransfer except under the most impelling and unusual circumstances or if the transfer is manifestly erroneous.
discussed Cited as authority (rule) Montante v. Federal Bureau of Prisons
N.D. Tex. · 2023 · confidence medium
“Federal courts routinely apply law-of-the-case principles to transfer decisions of coordinate courts.” Christianson, 486 U.S. at 816 ; see also In re Ford Motor Co., 591 F.3d 406, 411 (5th Cir.2009) (“transfer courts should use the law of the case doctrine to determine whether to revisit a [transfer] decision” and should “rarely reverse” ); In re Cragar Indus., Inc., 706 F.2d 503, 505 (5th Cir. 1983) (citation omitted) (explaining that “the decision of a transferor court should not be 2 reviewed again by the transferee court”).
discussed Cited as authority (rule) PERSONNEL STAFFING GROUP, LLC v. PROTECTIVE INSURANCE COMPANY
S.D. Ind. · 2022 · confidence medium
When such unanticipatable post-transfer events frustrate the original purpose for transfer, a return of the case to the original transferor court does not foul the rule of the case nor place the transferee court in a position of reviewing the decision of its sister court. 706 F.2d 503, 505 (5th Cir. 1983); See also Russel v. IU Int'l.
discussed Cited as authority (rule) Collier v. Burnes
N.D. Tex. · 2022 · confidence medium
“Federal courts routinely apply law-of-the-case principles to transfer decisions of coordinate courts.” Christianson, 486 U.S. at 816 ; see also In re Ford Motor Co., 591 F.3d 406, 411 (5th Cir.2009) (“transfer courts should use the law of the case doctrine to determine whether to revisit a [transfer] decision” and should “rarely reverse” ); In re Cragar Indus., Inc., 706 F.2d 503, 505 (5th Cir. 1983) (citation omitted) (explaining that “the decision of a transferor court should not be reviewed again by the transferee court”).
discussed Cited as authority (rule) Romanowski v. Trans Union LLC
N.D. Tex. · 2022 · confidence medium
“An issue is ‘actually decided’ if the court explicitly decided it or necessarily decided it by implication.” Af-Cap, Inc. v. Republic of Congo, 462 F.3d 417, 425 (5th Cir. 2006). 2 “Federal courts routinely apply law-of-the-case principles to transfer decisions of coordinate courts.” Christianson, 486 U.S. at 816 ; see also In re Ford Motor Co., 591 F.3d 406, 411 (5th Cir.2009) (“transfer courts should use the law of the case doctrine to determine whether to revisit a [transfer] decision” and should “rarely reverse” ); In re Cragar Indus., Inc., 706 F.2d 503, 505 (5th Cir.…
discussed Cited as authority (rule) In Re APPLE INC.
Fed. Cir. · 2021 · confidence medium
Under § 1404(a), a district court “should not re-transfer except under the most impelling and unu- sual circumstances,” such as unanticipated “post-transfer events [that] frustrate the original purpose for transfer.” In re Cragar Indus., Inc., 706 F.2d 503, 505 (5th Cir. 1983) (cleaned up).
discussed Cited as authority (rule) In Re APPLE INC.
Fed. Cir. · 2021 · confidence medium
Under § 1404(a), a district court “should 7 not re-transfer except under the most impelling and unu- 8 sual circumstances,” such as unanticipated “post-transfer 9 events [that] frustrate the original purpose for transfer.” In 10 re Cragar Indus., Inc., 706 F.2d 503, 505 (5th Cir. 1983) 11 (cleaned up).
cited Cited as authority (rule) In Re INTEL CORPORATION
Fed. Cir. · 2021 · confidence medium
Cir. Dec. 23, 2020) (quoting In re Cragar Indus., Inc., 706 F.2d 503, 505 (5th Cir. 1983)).
cited Cited as authority (rule) In Re INTEL CORPORATION
Fed. Cir. · 2020 · confidence medium
In re Cragar Indus., Inc., 706 F.2d 503, 505 (5th Cir. 1983).
discussed Cited as authority (rule) Laurindo v. United States Citizenship and Immigration Services (USCIS)
M.D. Fla. · 2020 · confidence medium
While there is no per se rule which prohibits transferring this action back and arguably transfer by the appellate court if appealed by petitioner might be proper, see Griffin, 751 F.3d 290 , (on appeal by petitioner finding jurisdiction attached once petition properly filed and vacating transferee’s dismissal of petition and transferring habeas back to original court for expeditious hearing on merits or approval of substitution of custodian), as a general rule the transferee court should not re-transfer a case “except under the most impelling and unusual circumstances.” In re Crager Ind…
cited Cited as authority (rule) Louis v. U.S. Attorney General
M.D. Fla. · 2020 · confidence medium
Id. at 304-05 . 4 The term describes an individual’s unnecessary complicated and frustrating experiences, especially within a bureaucracy. 706 F. 2d 503, 505 (5th Cir. 1983).
discussed Cited as authority (rule) Exist, Inc. v. The Vermont Country Store, Inc. (2×) also: Cited "see"
D. Vt. · 2019 · confidence medium
Inc., 706 F.2d 503, 505 (Sth Cir. 1983) (internal quotation marks omitted); see Repp v. Webber, 142 F.R.D. 398, 400-01 (S.D.N.Y. 1992) (quoting Jn re Cragar, 706 F.2d at 505 ); Gary Friedrich Enters., LLC, v. Marvel Enters., Inc., 2008 WL 4129640 , at *3 (S.D.N.Y.
cited Cited as authority (rule) Gorzynski v. Jetblue Airways Corp.
W.D.N.Y. · 2014 · confidence medium
March 27, 1996) (quoting In re Cragar Indus., Inc., 706 F.2d 503, 505 (5th Cir.1983)).
discussed Cited as authority (rule) Scarborough v. National Ass'n of Surety Bond Producers (2×) also: Cited "see, e.g."
D.D.C. · 2007 · confidence medium
Co., 382 U.S. 362, 365 , 86 S.Ct. 522 , 15 L.Ed.2d 416 (1966) (noting the right of litigants “to apply ... to have [their] case transferred back to [its original forum] because of changed conditions”) (footnote omitted); In re Cragar Indus., 706 F.2d 503, 505 (5th Cir.1983) (holding that “when ... post-transfer events frustrate the original purpose for transfer, a return of the case to the original transfer- or court does not foul the rule of the case nor place the transferee court in a position of reviewing the decision of its sister court”); see also 15 Charles Alan Wright, Arthur R.
discussed Cited as authority (rule) In Re Horseshoe Entertainment (2×) also: Cited "see"
5th Cir. · 2002 · confidence medium
Factors used to determine whether to issue the writ of mandamus "include whether the district court failed to construe and apply the statute correctly, whether the relevant factors incident to a motion to transfer were considered, and whether there was a clear abuse of discretion." In re Cragar Industries, Inc., 706 F.2d 503, 504 (5th Cir.1983) (citing In re McDonnell-Douglas Corp., 647 F.2d 515, 517 (5th Cir.1981)).
discussed Cited as authority (rule) In re Horseshoe Entertainment (2×) also: Cited "see"
5th Cir. · 2002 · confidence medium
Factors used to determine whether to issue the writ of mandamus “include whether the district court failed to construe and apply the statute correctly, whether the relevant factors incident to a motion to transfer were considered, and whether there was a clear abuse of discretion.” In re Cragar Industries, Inc., 706 F.2d 503, 504 (5th Cir.1983) (citing In re McDonnell-Douglas Corp., 647 F.2d 515, 517 (5th Cir.1981)).
discussed Cited as authority (rule) Allfirst Bank v. Progress Rail Services Corp.
D. Maryland · 2001 · confidence medium
A transferee court should accept the ruling of the transferor court as the law of the case and should not retransfer “except under the most impelling and unusual circumstances” or if the transfer order is “manifestly erroneous.” In re Cragar Indus., Inc., 706 F.2d 503, 505 (5th Cir.1983); Repp v. Webber, 142 F.R.D. 398, 400 (S.D.N.Y.1992).
discussed Cited as authority (rule) Murray v. Scott
M.D. Ala. · 2001 · confidence medium
As the Eleventh Circuit has not adopted a standard for considering re-transfer based on changed circum *1255 stances, this court looks to the Fifth Circuit’s rule, expressed in In re Cragar Indus., Inc., 706 F.2d 503, 505 (5th Cir.1983), in which that court refused to re-transfer except “under the most impelling and unusual circumstances or if the transfer order is manifestly erroneous.” A more lenient standard for retransfer would subject the litigants to an unending cycle of venue transfers and the courts to the prospect of much-delayed litigation.
cited Cited as authority (rule) Triad System Financial Corp. v. Stewart's Auto Supply, Inc.
N.D. Ala. · 1999 · confidence medium
In sum, we decline to adopt a per se rule forbidding a return of a transfer by the transferee court of a transferred case. 706 F.2d at 505 (emphasis supplied).
discussed Cited as authority (rule) Plywood Panels, Inc. v. M/V Thalia
E.D. La. · 1992 · confidence medium
In re Cragar Indus., Inc., 706 F.2d 503, 505 (5th Cir.1983) (citations omitted); see United States v. Koenig, 290 F.2d 166 , 173-74 n. 11 (5th Cir.1961), aff'd, 369 U.S. 121 , 82 S.Ct. 654 , 7 L.Ed.2d 614 (1962).
discussed Cited as authority (rule) Santos v. Sacks
E.D. La. · 1988 · confidence medium
A. THIS COURT’S POWER TO REEXAMINE THE FINDINGS OF THE TRANSFEROR COURT When a motion to transfer is granted and the case is transferred to another district, *278 “the transferee-district should accept the ruling on the transfer as the law of the case and should not re-transfer ‘except under the most impelling and unusual circumstances’ or if the transfer order is ‘manifestly erroneous.’ ” In Re Cragar Industries, Inc., 706 F.2d 503, 505 (5th Cir.1983), quoting, United States v. Koenig, 290 F.2d 166 , 173 n. 11 (5th Cir.1961), aff'd, 396 U.S. 121 , 82 S.Ct. 654 , 7 L.Ed.2d 614 (1…
discussed Cited as authority (rule) Railway Labor Executives' Ass'n v. Chicago & North Western Transportation Co.
D. Minnesota · 1988 · confidence medium
However, as pointed out by defendant, an order to transfer becomes the law of the case which should be reconsidered by the transferee court only “under the most impelling and unusual circumstances.” In re Cragar Industries, Inc., 706 F.2d 503, 505 (5th Cir.1983).
discussed Cited as authority (rule) Russell v. IU International Corp.
N.D. Ill. · 1988 · confidence medium
In the case of In re Cragar Industries, Inc., 706 F.2d 503, 505 (5th Cir.1983), the Fifth Circuit, however, “declined to adopt a per se *176 rule forbiding” the retransfer of a case to the district court where it was originally filed: “If the motion to transfer is granted and the case is transferred to another district, the transferee-district should accept the ruling on the transfer as the law of the case and should not re-transfer ‘except under the most impelling and unusual circumstances’ or if the transfer order is ‘manifestly erroneous.’ ” Failure to abide the original tra…
discussed Cited "see" Juan Ortiz-Lopez v. Federal Bureau of Prisons, et
5th Cir. · 2020 · signal: see · confidence high
See Hernandez v. Thaler, 630 F.3d 420, 426-27 (5th Cir. 2011) 5 To the extent Ortiz argues that the magistrate judge erred in not acting sua sponte, we have held that, absent unusual circumstances or a manifestly erroneous transfer order, “the decision of a transferor court should not be reviewed again by the transferee court.” In re Cragar Indus., Inc., 706 F.2d 503, 505 (5th Cir. 1983) (per curiam) (citing Starnes v. McGuire, 512 F.2d 918, 924 (D.C.
cited Cited "see" Nace v. Miller
Md. Ct. Spec. App. · 2011 · signal: see · confidence high
See id.
cited Cited "see" Wells v. Liddy
D.D.C. · 2000 · signal: see · confidence high
See In re Cragar Industries, Inc., 706 F.2d 503 (5th Cir.1983).
cited Cited "see" Shute v. Carnival Cruise Lines, Inc.
S.D. Fla. · 1992 · signal: see · confidence high
See In re Cragar Indus., Inc., 706 F.2d 503, 505 (5th Cir.1983); Stringfellow v. S.D.
discussed Cited "see" Chrysler Credit Corporation, a Delaware Corporation v. Country Chrysler, Inc., an Oklahoma Corporation Max Pepper Muriel S. Pepper Cindy Joan Pepper Guterman, and Third-Party v. Chrysler Corporation, Third-Party (2×)
3rd Cir. · 1991 · signal: see · confidence high
See In re Cragar Indus., 706 F.2d 503, 505 (5th Cir.1983); Roofing & Sheet Metal Serv. v. La Quinta Motor Inns, 689 F.2d 982, 986-87 (11th Cir.1982); Hayman Cash Register Co. v. Sarokin, 669 F.2d 162, 168-69 (3d Cir.1982) (evaluating Sec. 1406(a) transfer); 9 J.
discussed Cited "see" Chrysler Credit Corp. v. Country Chrysler, Inc. (2×)
10th Cir. · 1991 · signal: see · confidence high
See In re Cragar Indus., 706 F.2d 503, 505 (5th Cir.1983); Roofing & Sheet Metal Serv. v. La Quinta Motor Inns, 689 F.2d 982, 986-87 (11th Cir.1982); Hayman Cash Register Co. v. Sarokin, 669 F.2d 162, 168-69 (3d Cir.1982) (evaluating § 1406(a) transfer); 9 J.
discussed Cited "see" Michael R. Wiggs v. Secretary of the Army
4th Cir. · 1990 · signal: see · confidence high
See In re Cragar Industries, Inc., 706 F.2d 503, 505 (5th Cir.1983) (transferee court should not retransfer "except under the most impelling and unusual of circumstances or if the transfer order is manifestly erroneous"); see also Starnes v. McGuire, 512 F.2d 918, 935 (D.C.Cir.1974) (en banc); Technitrol, Inc. v. McManus, 405 F.2d 84 (8th Cir.1968). 15 Under this narrow standard of review, we affirm the district court's decision not to retransfer this case. 16 Title VII has its own venue provision, which is codified at 42 U.S.C.
cited Cited "see" Edwardsville National Bank and Trust Company, Administrator of the Estate of Chadwick Slone v. Marion Laboratories, Inc.
7th Cir. · 1987 · signal: see · confidence high
See In re Cragar Industries, Inc., 706 F.2d 503, 505 (5th Cir.1983); Hayman Cash Register Co. v. Sarokin, 669 F.2d 162 (3d Cir.1982).
Retrieving the full opinion text from the archive…
In Re CRAGAR INDUSTRIES, INC. and General Motors Corporation, Petitioners
83-4285, 83-4286.
Court of Appeals for the Fifth Circuit.
May 18, 1983.
706 F.2d 503
Gold, Little, Simon, Weems & Bruser, Alexandria, La., for defendants., Howard N. Nugent, Jr., Alexandria, La., for Rob.inson., Howard B. Gist, Jr., Charles O. Lacroix, Steven W. Cook, Alexandria, La., for GMC in both cases., Gist, Methvin, Hughes & Munsterman, Alexandria, La., for GMC in 83-4286., Henry B. Bruser, III, Alexandria, La., for Cragar Ind., Inc.
Clark, Politz, Higginbotham.
Cited by 37 opinions  |  Published
BY THE COURT:

General Motors and Cragar Industries, defendants in a suit for personal injuries, petition for writ of mandamus requesting review of an order transferring the case from the Western District of Louisiana to the Northern District of Mississippi. The order of transfer, while not specific as to its statutory basis, apparently granted a motion filed by plaintiff, Jerrell Wayne Robinson, under 28 U.S.C. § 1404(a).

The willingness of appellate courts to review rulings on requested transfer motions under the All Writs Act has been expressed in uneven terms throughout the country and within this circuit. The law of this circuit is best described as an increasing unwillingness to grant interlocutory review of district court decisions regarding requested transfers, apparently, in an increasing recognition that such decisions sound in the discretion of the trial court. Garner v. Wolfinbarger, 433 F.2d 117 (5th Cir.1970). In Gamer we noted, “In the voluminous litigation over transfer orders, only a few litigants have surmounted the formidable obstacles and secured the writ [of mandamus].” Id. at 120. We noted the case development recently in In re McDonnell Douglas Corp., 647 F.2d 515 (5th Cir. 1981). Identifying factors influencing the decision whether to issue such writs, we noted that they “include whether the district court failed to construe and apply the statute correctly, whether the relevant factors incident to a motion to transfer were considered, and whether there was a clear abuse of discretion.” Id. at 517. We turn to these petitions.

Jerrell Robinson is a resident of the Western District of Louisiana. He was injured in Coahoma County, Mississippi on November 9,1976, while driving an automobile manufactured by General Motors, with mag-type wheels manufactured by Cragar Industries. Both the car and the wheels were purchased in Alexandria, Louisiana. A previous owner had used them there for more than two years before the accident.

Robinson first filed suit against General Motors in the Northern District of Mississippi on November 10,1979, and joined Cra-gar as co-defendant on December 19, 1979. On February 20, 1980, Judge Ready in the Northern District of Mississippi granted Cragar’s Rule 12 motion to dismiss on the basis that the Mississippi long-arm statute was not available to Robinson, a non-resident of Mississippi. Unable to proceed in Mississippi against both Cragar and General Motors, Robinson, on May 19,1980, requested transfer under 28 U.S.C. § 1404(a) to the Western District of Louisiana. Robinson had objected to an earlier request for transfer by General Motors, which had been denied on February 7, 1980. Robinson’s change of heart apparently was based principally, if not solely, upon his inability to obtain jurisdiction over Cragar. Judge Ready granted the unopposed motion to transfer on May 27, 1980.

Robinson then amended his complaint in the Western District of Louisiana and obtained process on Cragar under the Louisiana long-arm statute. Cragar’s motion to dismiss for lack of personal jurisdiction was denied by Judge Scott on August 26, 1981. However, on March 19, 1982, Judge Scott granted Cragar’s motion for summary judgment, ruling that Robinson’s claims against Cragar were barred by applicable Louisiana statutes of limitations. He issued a judgment of dismissal on June 28,1982, but was not requested to, and did not, issue any certificate under Rule 54(b).

On January 7, 1983, General Motors moved for summary judgment, also urging that the claim against it was barred by limitations. Robinson responded to General[*505] Motors’ motion for summary judgment by requesting that the case be returned to the Northern District of Mississippi. Robinson claimed by supporting affidavit there were six fact witnesses in Mississippi who would be available if the case were tried there. He did not identify them or detail their expected testimony. He also asserted that the docket conditions in the Western District of Louisiana were crowded. Eight days later, Judge Scott entered an order transferring the case to. the Northern District of Mississippi. He thereafter stayed the order, however, to allow General Motors to move for reconsideration, a motion he denied by minute entry on April 19, 1983. It is this order returning the ease to Mississippi that both General Motors and Cragar here complain of.

Cragar and General Motors are not similarly situated. Cragar is no longer a party to the case. It fears, however, that the interlocutory character of the order granting its motion for summary judgment might be reconsidered by the Mississippi court. While we doubt that Cragar’s fears are sufficient to warrant review, we do not address its troubling procedural posture. The petition of General Motors squarely presents for review Judge Scott’s order. For that reason, we pretermit consideration of Cragar’s petition, turning instead to the petition for writ of mandamus filed by General Motors.

General Motors contends that the Louisiana court clearly abused its discretion because it effectively overturned the decision of the original transferor court contrary to the “law of the case” and because there was an inadequate record basis for its decision. Finally, General Motors, in what is essentially a recharacterization of both arguments, suggests that the Louisiana court has unwittingly become a party to forum-shopping.

Certainly, the decision of a transfer- or court should not be reviewed again by the transferee court. Starnes v. McGuire, 512 F.2d 918, 924 (D.C.Cir.1974) (en banc). Such an independent review would implicate those concerns which underlie the rule of repose and decisional order we term the law of the case. We have said: “If- the motion to transfer is granted and the case is transferred to another district, the transferee-district should accept the ruling on the transfer as the law of the case and should not re-transfer ‘except under the most impelling and unusual circumstances’ or if the transfer order is ‘manifestly erroneous.’ ” United States v. Koenig, 290 F.2d 166, 173 n. 11 (5th Cir.1961), aff'd, 396 U.S. 121, 90 S.Ct. 396, 24 L.Ed.2d 305 (1962). Failure to abide the original transfer order contains the additional potential mischief of tossing cases back and forth to the detriment of an adjudication of the underlying merits of the case and respect due sister courts.

It does not follow, however, that a transferee court is powerless to act where the original purposes of the transfer have been frustrated by an unforeseen later event. See 15 C. Wright, A. Miller & E. Cooper, Federal Practice & Procedure § 3846 (1976). When such unanticipatable post-transfer events frustrate the original purpose for transfer, a return of the case to the original transferor court does not foul the rule of the case nor place the transferee court in a position of reviewing the decision of its sister court. It, instead, represents a considered decision that the case then is better tried in the original forum for reasons which became known after the original transfer order. In sum, we decline to adopt a per se rule forbidding a return of a transfer by the transferee court of a transferred case.

From our review of the record, we are unable to find that any event has occurred since the original transfer that was not reasonably forseeable by Robinson. No new facts have been discovered. No new witnesses have been located. The only “change” is the realization of Robinson that his claim against Cragar cannot proceed and that General Motor's may enjoy a defense in Louisiana it did not have in Mississippi, a matter concerning which we express[*506] no opinion. [1] At best, Robinson’s requested return to Mississippi is bottomed upon a realization that he may have made a tactical error in his original transfer request. That Cragar has successfully, at least to date, defended in Louisiana does not represent a failure of the original premise of transfer. Cragar was amenable to process in Louisiana. The Louisiana district court expressly so held.

We are unable to find from the record a sufficient basis for the order transferring this case back to Mississippi. We have acknowledged the wide discretion enjoyed by a district court and our considerable reluctance to superintend that decision by a writ of mandamus. This reluctance is borne of basic notions of institutional order and upon the common-sense realization that the system works best when able district judges, as here, are left to manage their own dockets. The power of review does exist, however, and we are unwilling to strip all meaning from it. We are aware that this record is sparse, and the trial court is at the mercy of the lawyer’s appellate effort. Should there be additional facts, they should be brought to our attention. While we find that our disagreement with the order of transfer to Mississippi rises to the level of “abuse of discretion,” we withhold issue of the writ, confident that the district court will reconsider its earlier order of transfer.

1

. In Ellis v. Great Southwestern Corp., 646 F.2d 1099, 1110 (5th Cir.1981), we held that a transferee court should apply the choice of law rules of the state where it sits following a § 1404(a) transfer from a district in which personal jurisdiction over the defendant could not be obtained. Here, however, personal jurisdiction was available over one of the defendants, General Motors, prior to the § 1404(a) transfer.