At page 258 “we adopt as the rule in this circuit the reading of 1406(a) that authorizes the transfer of a case to any district, which would have had venue if the case were originally brought there, for any reason which constitutes an impediment to a decision on the merits in the transferor district but would n…”35 citing cases
- Clark-Parker v. Rowan-Salisbury Sch. Sys., No. 3:21-cv-00249 (W.D.N.C. Mar. 24, 2022).([W]e adopt as the rule in this circuit the reading of § 1406(a) that authorizes the transfer of a case to any district, which would have had venue if the case were originally brought there, for any reason which constit…)
- Solo, No. 3:25-cv-00452 (S.D.W. Va May 20, 2026).The Fourth Circuit likewise construes § 1406(a) broadly, explaining that the statute authorizes transfer where there exists “any reason which constitutes an impediment to a decision on the merits in the transferor district but would not be…
- Wilson, No. 1:24-cv-01274 (D. Md. Nov. 20, 2025).(noting that § 1406(a) allows a court to transfer a case “for any reason which constitutes an impediment to a decision on the merits in the transferor district but would not be an impediment in the transferee district)
- Wilson, No. 2:25-cv-13482 (D.S.C. Nov. 20, 2025).(noting that § 1406(a) allows a court to transfer a case “for any reason which constitutes an impediment to a decision on the merits in the transferor district but would not be an impediment in the transferee district)
- Stueben v. Meade, No. 3:24-cv-05017 (D.S.C. Sept. 12, 2024). (directing transfer to permit pursuit of claims time-barred in transferor jurisdiction but not in transferee jurisdiction)
- Stueben v. Meade, No. 5:24-cv-00231 (E.D.N.C. Sept. 12, 2024). (directing transfer to permit pursuit of claims time-barred in transferor jurisdiction but not in transferee jurisdiction)
- Sarhan v. United States Citizens & Immigr. Servs., No. 5:23-cv-00198 (E.D.N.C. Aug. 7, 2023).See 28 U.S.C. § 1404 (a); Porter v. Groat, 840 F.2d 255, 258 (4th Cir. 1988); Jenkins v. Albuquerque Lonestar Freightliner, LLC, 464 F. Supp. 2d 491, 493-95 (E.D.N.C. 2006).
- Sarhan v. United States Citizens & Immigr. Servs., No. 1:23-cv-00657 (M.D.N.C. Aug. 7, 2023).See 28 U.S.C. § 1404 (a); Porter v. Groat, 840 F.2d 255, 258 (4th Cir. 1988); Jenkins v. Albuquerque Lonestar Freightliner, LLC, 464 F. Supp. 2d 491, 493-95 (E.D.N.C. 2006).
- Yacht Basin Provision Co., Inc. v. Bates, No. 7:21-cv-00117 (E.D.N.C. July 8, 2022).This court’s lack of personal jurisdiction can be cured by transfer to the United States District Court for the District of South Carolina because all indications are that 13 Defendants do not cite 28 U.S.C. § 1406 , which has been held to…
- Orbita Telecom SAC v. Juvare LLC, No. 8:21-cv-02816 (D. Md. June 8, 2022).Porter v. Groat, 840 F.2d 255, 258 (4th Cir. 1988); 28 U.S.C. § 1406 .
Show 25 more citing cases
- Higgins v. Tru Servs. Grp. Inc, No. 2:21-cv-01021 (E.D. Wis. Aug. 31, 2021).Searle & Co., 1991 F.2d 1195 , 1201 (4th Cir. 1993) (finding that the decision to transfer venue pursuant to § 1406(a) rests within the sound discretion of the district court); Porter v. Groat, 840 F.2d 255, 258 (4th Cir. 1988).
- Higgins v. Catalyst Exhibits Inc, No. 9:20-cv-03424 (D.S.C. Aug. 31, 2021).Searle & Co., 1991 F.2d 1195 , 1201 (4th Cir. 1993) (finding that the decision to transfer venue pursuant to § 1406(a) rests within the sound discretion of the district court); Porter v. Groat, 840 F.2d 255, 258 (4th Cir. 1988).
- Tusha v. Greenfield, No. 1:20-cv-02143 (D. Md. Apr. 19, 2021). Porter v. Groat, 840 F.2d 255, 258 (4th Cir. 1988).
- Tusha v. Greenfield, No. 2:21-cv-00521 (W.D. Pa. Apr. 19, 2021). Porter v. Groat, 840 F.2d 255, 258 (4th Cir. 1988).
- Stone v. Nelson Mullins Riley & Scarborough LLP, No. 3:20-cv-01290 (D.S.C. June 5, 2020).See Goldlawr v. Heiman, 396 U.S. 463 , 466-67 (1962); Porter v. Groat, 840 F.2d 255, 258 (4th Cir. 1988).
- Stone v. Nelson Mullins Riley & Scarborough LLP, No. 1:20-cv-22346 (S.D. Fla. June 5, 2020).See Goldlawr v. Heiman, 396 U.S. 463 , 466-67 (1962); Porter v. Groat, 840 F.2d 255, 258 (4th Cir. 1988).
- SAMI-Systematic Analysis Mgmt. Inc. v. Omnivere Acquisitions, LLC, No. 1:19-cv-02904 (D. Md. Apr. 14, 2020).Md. 2003) (quoting Porter v. Groat, 840 F.2d 255, 258 (4th Cir. 1988)).
- SAMI-Systematic Analysis Mgmt. Inc. v. Omnivere Acquisitions, LLC, No. 1:20-cv-02346 (N.D. Ill. Apr. 14, 2020).Md. 2003) (quoting Porter v. Groat, 840 F.2d 255, 258 (4th Cir. 1988)).
- Binks v. Collier, No. 1:19-cv-00298 (D. Md. Jan. 28, 2020).Md. 2003) (quoting Porter v. Groat, 840 F.2d 255, 258 (4th Cir. 1988)).
- Binks v. Collier, No. 1:19-cv-00732 (D. Md. Jan. 28, 2020).Md. 2003) (quoting Porter v. Groat, 840 F.2d 255, 258 (4th Cir. 1988)).
- Under Armour, Inc. v. Battle Fashions, Inc., No. 1:17-cv-03223 (D. Md. July 18, 2019).Md. 2003) (quoting Porter v. Groat, 840 F.2d 255, 258 (4th Cir. 1988)).
- Under Armour, Inc. v. Battle Fashions, Inc., No. 5:19-cv-00297 (E.D.N.C. July 18, 2019).Md. 2003) (quoting Porter v. Groat, 840 F.2d 255, 258 (4th Cir. 1988)).
- Cricket Grp., Ltd. v. Highmark, Inc., 198 F. Supp. 3d 540 (D. Md. 2016).Porter v. Groat, 840 F.2d 255, 258 (4th Cir.1988).
- Williams v. Romarm S.A., 116 F. Supp. 3d 631 (D. Md. 2015).The Fourth Circuit has read § 1406(a) as also authorizing transfer “for any reason which constitutes an impediment to a decision on the merits .in the transferor district but would not be an impediment in the transferee. district.” Porter…
- Yakovetsv. Bailin, No. 2014-0181 (D.D.C. Jan. 24, 2014).(Pl.’s Opp’n 1, ECF No. 24.) Fourth Circuit case law has interpreted 28 U.S.C. § 1406 (a) to allow “transfer of a case to any district, which would have had venue if the case were originally brought there, for any reason which constitutes…
- Gibbons v. FRONTON, 661 F. Supp. 2d 429 (S.D.N.Y. 2009).In Porter v. Groat, plaintiffs brought a medical malpractice action in Virginia, where venue was proper, but where the statute of limitations had already run. 840 F.2d 255, 258 (4th Cir. 1988).
- Harley v. Chao, 503 F. Supp. 2d 763 (M.D.N.C. 2007).The Fourth Circuit interprets § 1406(a) to allow transfer “for any reason which constitutes an impediment to a decision on the merits in the transferor district but would not be an impediment in the transferee district.” Estate of Bank v.…
- Shamsuddin v. Vitamin Rsch. Prods., 346 F. Supp. 2d 804 (D. Md. 2004).The Fourth Circuit has interpreted § 1406(a) as authorizing transfer “for any reason which constitutes an impediment to a decision on the merits in the transferor district but would not be an impediment .in the transferee district.” Porter…
- Parham v. Weave Corp., 323 F. Supp. 2d 670 (M.D.N.C. 2004).(adopting rule that section 1406(a) allows a "court to transfer a case “for any reason which constitutes an impediment to a decision on the merits in the transferor district but would not be an impediment in the transfer…)
- Johansson Corp. v. Bowness Constr. Co., 304 F. Supp. 2d 701 (D. Md. 2004).Under 28 U.S.C. § 1406 (a), if a plaintiff files suit in the wrong venue, then the district “shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.” “[T]he…
- Regent Lighting Corp. v. Am. Lighting Concept, Inc., 25 F. Supp. 2d 705 (M.D.N.C. 1997).The Fourth Circuit has adopted an expansive interpretation of this statutory provision, “authorizing] the transfer of a case to any district, which would have had venue if the case were originally brought there, for any reason which consti…
- Crown Cork & Seal Co., Inc. v. Dockery, 886 F. Supp. 1253 (M.D.N.C. 1995).Crown Cork and Clark also request that in the event that the Court finds no personal jurisdiction, the Court should transfer the case to the United States District Court for the District of South Carolina pursuant to 28 U.S.C. § 1406 (a).…
- Bashaw v. Belz Hotel Mgmt. Co., Inc., 872 F. Supp. 323 (S.D.W. Va 1995). Under 28 U.S.C. § 1406 (a), the district court “of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such ease to any district or division in…
- Maurice Cortez Proctor, Sr. v. Michael J. Morrissey, 45 F.3d 427 (4th Cir. 1995).See Goldlawr, Inc. v. Heiman, 369 U.S. 463, 466 (1962); Porter v. Groat, 840 F.2d 255, 258 (4th Cir.1988).
- Spar, Inc. & Spar Mktg. Servs., Inc. v. Info. Resources, Inc., 956 F.2d 392 (2d Cir. 1992). The majority apparently concedes that the district court erred when it held that “§ 1406(a) does not apply” and agrees that where venue and personal jurisdiction are proper in the district court, but the statute of limitations has run, the…
At page 257 transfer authorized where personal jurisdiction lacking and venue improperly laid15 citing cases
- Lafferty v. St. Riel, No. 05-5357 (3d Cir. July 13, 2007).(‘[W]rong division or district’ . . . mean[s] an impediment to a decision on the merits for some reason other than a mere lack of venue.)
- Thomas v. EOTech, LLC, No. 8:23-cv-03313 (D. Md. Dec. 27, 2024).Section 1406(a) authorizes “broad remedial relief where there are impediments to an adj udication on the merits, and has not been limited to instances where the only impediment is lack of venue.” Porter v. Groat, 840 F.2d 255, 257 (4th Cir…
- Accreditation Comm'n for Health Care, Inc. v. NextLOGiK, Inc., No. 5:20-cv-00046 (E.D.N.C. Aug. 20, 2020). P. 12(b)(3) and 28 U.S.C. § 1406 (a), arguing that venue is proper in the District of Maryland and that the Court should transfer the matter under § 1406(a) because the location of key witnesses and evidence “constitutes an impediment to a…
- Drake v. Travelers Indem. Co., No. 1:19-cv-02669 (D. Md. Oct. 22, 2019).Porter v. Groat, 840 F.2d 255, 257 (4th Cir. 1988).
- Wright v. Zacky & Sons Poultry, LLC, 105 F. Supp. 3d 531 (M.D.N.C. 2015). Porter v. Groat, 840 F.2d 255, 257-58 (4th Cir.1988); Convergence Technologies (USA), LLC v. Microloops Corp., 711 F.Supp.2d 626, 640 (E.D.Va.2010); Estate of Bank v. Swiss Valley Farms Co., 286 F.Supp.2d 514, 522 (D.Md.2003) (“Transfer ha…
- Ashbourne v. US Dep't of the Treasury, No. 2012-1155 (D.D.C. July 12, 2012).Venue is improper when there is an “impediment to a decision on the merits.” Porter v. Groat, 840 F.2d 255, 257 (4th Cir. 1988).
- Szulik v. Tag Virgin Islands, Inc., 858 F. Supp. 2d 532 (E.D.N.C. 2012). See id.; Porter v. Groat, 840 F.2d 255, 257-58 (4th Cir.1988).
- JTH Tax, Inc. v. Liberty Servs. Title, Inc., 543 F. Supp. 2d 504 (E.D. Va. 2008).The statute states, in relevant part: The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or. if it be in the interest of justice, transfer such case to any district or di…
- Robbins v. Yutopian Enter., Inc., 202 F. Supp. 2d 426 (D. Md. 2002).See Doering v. Copper Moun *431 tain, Inc., 259 F.3d 1202 , 1209 n. 3 (10th Cir.2001); Porter v. Groat, 840 F.2d 255, 257-58 (4th Cir.1988).
- Cinalli v. Kane, 191 F. Supp. 2d 601 (E.D. Pa. 2002).Sept. 17, 2001) (citing Porter v. Groat, 840 F.2d 255, 257 (4th Cir.1988)); see also 28 U.S.C. § 1631 (case may be transferred to another court in which it could have been brought if there is lack of jurisdiction in present court).
Show 5 more citing cases
- Maurice Cortez Proctor v. Michael J. Morrissey, 97 F.3d 1448 (4th Cir. 1996). (transfer authorized where personal jurisdiction lacking and venue improperly laid)
- Proctor v. Morrissey, No. 95-1937 (4th Cir. Oct. 1, 1996). (transfer authorized where personal jurisdiction lacking and venue improperly laid)
- Cherry Commc'ns, Inc. v. Coastal Tel. Co., 906 F. Supp. 452 (N.D. Ill. 1995).Porter v. Groat, 840 F.2d 255, 257-58 (4th Cir.1988); see also, Danuloff v. Color Center, 1993 WL 738578 (E.D.Mich.1993) ("the interest of justice is served when a case is transferred from a forum where there is a difficult question of per…
- Verosol B v. v. Hunter Douglas, Inc., 806 F. Supp. 582 (E.D. Va. 1992).See Goldlawr, 369 U.S. at 465 , 82 S.Ct. at 915 ; Porter v. Groat, 840 F.2d 255, 257-58 (4th Cir.1988) (citing cases).
- Datasouth Comput. Corp. v. Three Dimensional Tech., Inc., 719 F. Supp. 446 (W.D.N.C. 1989).(court may transfer action pursuant to 28 U.S.C. § 1406 (a) whenever impediment to adjudication on merits exists — such as lack of personal jurisdiction)
v.
Robert L. GROAT, Defendant-Appellee
Lillian Porter and her husband sued Dr. Robert L. Groat alleging medical malpractice in eye surgery he performed on Mrs. Porter in North Carolina on January 6, 1981 which resulted in permanent injury. The suit was filed in the Eastern District of Virginia where the Porters reside. Dr. Groat resides in North Carolina. In 1984, the Porters had sued Dr. Groat in a state court in North Carolina, but they voluntarily dismissed the suit on January 29, 1986, pursuant to N.C. Rules Civ.Proc. 41(a).
Dr. Groat moved to dismiss the district court action on the ground that the law of Virginia applied, and under Virginia law, the entire suit was barred by limitations. [1] He also moved for dismissal of Mr. Porter’s claim for loss of consortium (Count Two of the complaint), because it was not a claim recognized by Virginia law. Dr. Groat also contested personal jurisdiction over him, and the Porters countered with a motion to transfer the case to the Eastern District of North Carolina pursuant to 28 U.S.C. § 1406.
The district court did not reach the issue of jurisdiction, [2] but instead ruled that the entire suit was barred by Virginia’s two-year statute of limitations and, since venue was proper in the Eastern District of Virginia, it declined to transfer the case to North Carolina. It therefore dismissed the case.
The Porters appeal. They do not contest the district court’s conclusion that their[*257] action was time-barred in that court. But, pointing out that jurisdiction and venue would be proper in the Eastern District of North Carolina, and that a district court in North Carolina would apply the North Carolina statute of limitations to the end that their suit would not be time-barred there, [3] they appeal the judgment to transfer the case.
We reverse and direct that the case be transferred.
I.
The statute under which plaintiffs sought the transfer, 28 U.S.C. § 1406(a), provides:
The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.
Venue did lie in the Eastern District of Virginia because jurisdiction was grounded on diversity of citizenship and the requisite amount in the controversy, and plaintiffs resided in that district. See 28 U.S.C. § 1391(a). By the same token, venue would also lie in the Eastern District of North Carolina because Dr. Groat resided in that district.
The district court read the statute to permit a transfer only where the impediment to a decision on the merits by the court in which the case was filed was an absence of venue. Thus since venue in the Eastern District did lie, the court concluded it lacked authority to transfer. If we were applying the statute as a matter of first impression, we would agree that the district court correctly interpreted it. But § 1406(a) has been read more expansively by other courts. In essence they read “wrong division or district” to mean an impediment to a decision on the merits for some reason other than a mere lack of venue. We have not heretofore decided the issue, but the expansive reading has existed for over twenty years, and, significantly, Congress has not seen fit to disavow it. As we have said, § 1406(a) has been interpreted to authorize broad remedial relief where there are impediments to an adjudication on the merits, and has not been limited to instances where the only impediment is lack of venue. We decide to align ourselves with those jurisdictions giving § 1406(a) a broad construction where, as here, suit would not be barred by limitations if brought in the district of defendant’s residence, but would be barred in the district where brought.
The judicial interpretation of § 1406(a) began with Goldlawr v. Heiman, 369 U.S. 463, 82 S.Ct. 913, 8 L.Ed.2d 39 (1962), where the Court reversed a Second Circuit refusal to transfer an action in which both jurisdiction and venue were improper. In a companion case, Hohensee v. News Syndicate Inc., 369 U.S. 659, 82 S.Ct. 1035, 8 L.Ed.2d 273 (1962), where venue had been proper, but jurisdiction could not be maintained over the defendant, the Court vacated and remanded the decision “in light of” Goldlawr.
In Goldlawr, Justice Black described 28 U.S.C. § 1406 as an equitable remedy for technical mistakes which “impede an expeditious and orderly adjudication of cases and controversies on their merits.” Id., 369 U.S. at 466-67, 82 S.Ct. at 916. He refused to narrow the reach of § 1406 when it contained no language to exclude transfer where jurisdiction could not be obtained.
Although the Court in Goldlawr did not broaden § 1406, nevertheless, beginning with Dubin v. United States, 380 F.2d 813 (5 Cir,1967), Goldlawr has become the basis for interpreting § 1406 to afford broad remedial relief. Dubin was a case in which the government could not obtain personal jurisdiction over the defendant in the district in which it sued. The Fifth Circuit concluded “that a district is ‘wrong’ within the meaning of § 1406 whenever there exists an ‘obstacle [to] ... an expeditious and orderly adjudication’ on the merits. Inability to perfect service of process on a defendant in an otherwise correct venue is such[*258] an obstacle. Id. at 815, (quoting Goldlawr, 369 U.S. at 466-67, 82 S.Ct. at 915-16). Three circuits have followed Dubin. See Corke v. Sameiet M.S. Song of Norway, 572 F.2d 77, 79-80 (2 Cir.1978) (impediment to adjudication on the merits was lack of personal jurisdiction and limitations to be applied in transferor court); Taylor v. Love, 415 F.2d 1118 (6 Cir.1969), cert. denied, 397 U.S. 1023, 90 S.Ct. 1257, 25 L.Ed.2d 533 (1970) (lack of personal jurisdiction); Mayo Clinic v. Kaiser, 383 F.2d 653 (8 Cir.1967) (lack of personal jurisdiction). Mayo Clinic asserted that Goldlawr “teaches ... that § 1406(a) should be construed wherever possible to remove procedural obstacles which would prevent an expeditious and orderly adjudication” of the plaintiff’s substantive claim. Id. at 654.
Two other circuits have cited Dubin with approval, although neither has applied it. See Manley v. Engram, 755 F.2d 1463, 1467 n. 8 (11 Cir.1985); Sinclair v. Kleindienst, 711 F.2d 291, 293-94 (D.C.Cir.1983) (transfer ordered where lack of personal jurisdiction, and refiling in transferee district court would be barred by limitations).
Only the Ninth Circuit has implied that it might not follow the Dubin decision, although it has never expressly rejected it. See Allen v. Greyhound Lines, Inc., 656 F.2d 418, 423 n. 3 (9 Cir.1981).
While we have never squarely discussed or decided the issue, in O’Neal v. Hicks Brokerage Co., 537 F.2d 1266 (4 Cir.1976), we ruled that a defendant’s contacts with the forum state of South Carolina were too attenuated to sustain in personam jurisdiction, although venue lay in South Carolina. Significantly, we remanded the action “to afford appellants an opportunity to move for transfer of the case to a district where it could have been brought.” Id. at 1268, citing Goldlawr, Dubin, and their progeny. See also Chung v. NANA Development Corp., 783 F.2d 1124, 1130 (4 Cir.) cert. denied, — U.S. -, 107 S.Ct. 431, 93 L.Ed.2d 381 (1986); and City of Virginia Beach v. Roanoke River Basin Association, 776 F.2d 484, 488-89 (4 Cir.1985).
On these authorities we adopt as the rule in this circuit the reading of § 1406(a) that authonzes the transfer of a case to any district, which would have had venue if the case were originally brought there, for any reason which constitutes an impediment to a decision on the merits in the transferor district but would not be an impediment in the transferee district. Specifically in the instant case, we read § 1406(a) to authorize the transfer to the Eastern District of North Carolina when the statute of limitations would bar adjudication on the merits in the Eastern District of Virginia but not in the Eastern District of North Carolina.
Because we perceive it to be “in the interest of justice” for plaintiffs to have their day in court in North Carolina and we perceive no weighty countervailing reasons to deny transfer, we direct the district court on remand to grant the motion to transfer.
II.
In the light of our conclusion regarding transfer, we have no occasion to rule on plaintiffs’ contention that the Virginia district court may not constitutionally apply Virginia’s statute of limitations to bar their claim when the alleged malpractice was committed in North Carolina by a North Carolina defendant.
REVERSED AND REMANDED WITH INSTRUCTIONS.
. Va. Code § 8.01-243 A requires a suit for medical malpractice to be filed within two years after the cause of action accrues.
. Va.Code § 8.01-328.1 establishes when jurisdiction over a person may be exercised. Based on the facts presented by the record and briefs, it appears unlikely that jurisdiction could be maintained over Dr. Groat in Virginia.
. N.C. Gen.Stat. § l-15(c) fixes a three-year period of limitations for a medical malpractice suit. N.C. Rules Civ.Proc. 41(a) permit a dismissal up to the time that a plaintiff rests his case and authorize any action so dismissed which had been filed before limitations barred the suit to be refiled within one year after the dismissal.