Clayton v. Warlick (1956)
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· 64 citation events
across 22 courts.
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A. Olinick & Sons v. Dempster Bros. (1966)
Although it has been occasionally held that the Courts of Appeals should never review the disposition of a § 1404 (a) transfer motion “where the judge in the district court has considered the interests stipulated in the statute and has decided thereon”, All States Freight, Inc. v. Modarelli, 196 F.2d 1010, 1012 (3d Cir.1952); Great Northern R'y v. Hyde, 238 F.2d 852, 857 (8th Cir.1956), adhered to, 245 F.2d 537 (8th Cir.1957), cert. denied, 355 U.S. 872 , 78 S.Ct. 117 , 2 L.…
We have no sympathy with shopping around for forums." Clayton v. Warlick, 232 F.2d 699, 706 (4 Cir. 1956); see Torres v. Walsh, 221 F.2d 319 (2 Cir.), cert. denied, 350 U.S. 836 , 76 S.Ct. 72 , 100 L.Ed. 746 (1955).
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Jay A. Zawatsky v. John Alden Life Insurance Company (1993)
Corp. v. Modern Welding Co., 502 F.2d 178, 180 (4th Cir. 1974); Clayton v. Warlick, 232 F.2d 699, 704-06 (4th Cir. 1956); see Gower v. Lehman, 799 F.2d 925, 927 (4th Cir. 1986). 4 Accordingly, we dismiss the appeal for lack of jurisdiction because the order is not appealable.
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Douglas Henry Thornton v. The United States Attorney General United States Department of Justice Federal Bure… (1992)
Ellicott Machine Corp. v. Modern Welding Co., 502 F.2d 178, 180 (4th Cir. 1974); Clayton v. Warlick, 232 F.2d 699, 704-06 (4th Cir. 1956). 3 Therefore, we deny Thornton's petition for mandamus relief in No. 92-8013 though we grant him leave to proceed in forma pauperis. 4 We dismiss the appeal in No. 92-6191 for lack of jurisdiction because the order is not appealable.
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Hewlett Akers v. Norfolk and Western Railway Company, Norfolk and Western Railway Company v. The Honorable Te… (1967)
True, in Clayton v. Warlick, 232 F.2d 699, 706 (4 Cir. 1956), we declined to countermand by mandamus or prohibition an order of transfer.
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Akers v. Norfolk & Western Railway Co. (1967)
True, in Clayton v. Warlick, 232 F.2d 699, 706 (4 Cir. 1956), we declined to countermand by mandamus or prohibition an order of "transfer.
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A. Olinick & Sons, Plaintiff-Petitioner v. Dempster Brothers, Inc., Defendant-Respondent. A. Olinick & Sons v… (1966)
On the other hand, on the test I think proper, we could have dismissed the petition on a mere reading of the judge's memorandum, which made clear that he acted judicially although, in my view, in this instance injudiciously. 24 If we possessed no other guides to decision, I would therefore urge that the court in banc disapprove Ford Motor Co. v. Ryan, supra, and align itself with the views forcibly expressed by Judge Goodrich for the Third Circuit in All States Freight, Inc.…
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Ackert v. Bryan (1962)
Judge Parker in Clayton v. Warlick, 232 F.2d 699, 706 (4th Cir. 1956) stated the proposition succinctly: 19 "We are not impressed by the argument that such transfer should be denied because of an alleged conflict of decision between this Circuit and the Seventh on an important question of law involved in the case.
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Ackert v. van Pelt Bryan (1962)
Judge Parker in Clayton v. Warlick, 232 F.2d 699, 706 (4th Cir. 1956) stated the proposition succinctly: “We are not impressed by the argument that such transfer should be denied because of an alleged conflict of decision between this Circuit and the Seventh on an important question of law involved in the case.
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Polaroid Corporation v. Casselman (1962)
Green Co., Inc. v. MacMahon, supra. Surely, however, as our Court of Appeals recently noted, “[a] plaintiff may not resist the transfer of his action to another district court on the ground that the transferee court will or may interpret federal law in a manner less favorable to him * * *. ‘We have no sympathy with shopping around for forums.’ Clayton v. Warlick, 232 F.2d 699, 706 (4 Cir.1956); see Torres v. Walsh, 221 F.2d 319 (2 Cir.), cert. denied, 350 U.S. 836 , 76 S.Ct.…
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Ian Reynolds, individually and on behalf of all others similarly situated v. Kalshi Inc., KalshiEX LLC, Kalsh… (2026)
Green Co. v. MacMahon, 312 F.2d 650, 652 (2d Cir. 1962); see also Clayton v. Warlick, 232 F.2d 699, 706 (4th Cir. 1956) (“We are not impressed by the argument that such transfer should be denied because of an alleged conflict of decision between this Circuit and the Seventh on an important question of law involved in the case.”); Scheinbart v. Certain-Teed Prods.
“We are not impressed by the argument that such transfer should be denied because of an alleged conflict of decision between this Circuit and the Seventh on an important question of law involved in the case.”
Clayton v. Warlick, 232 F.2d 699, 706 (4th Cir. 1956) (“We are not impressed by the argument that such transfer should be denied because of an alleged conflict of decision between this Circuit and the Seventh on an important question of law involved in the case.”).
“We are not impressed by the argument that such transfer should be denied because of an alleged conflict of decision between this Circuit and the Seventh on an important question of law involved in the case.”
Clayton v. Warlick, 232 F.2d 699, 706 (4th Cir. 1956) (“We are not impressed by the argument that such transfer should be denied because of an alleged conflict of decision between this Circuit and the Seventh on an important question of law involved in the case.”).
“We are not impressed by the argument that such transfer should be denied because of an alleged conflict of decision between this Circuit and the Seventh on an important question of law involved in the case.”
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Omega Demolition Corp. v. Hays Group, Inc. (2015)
Id. (citing Clayton v. Warlick, 232 F.2d 699, 706 (4th Cir. 1956)).
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Center Cadillac, Inc. v. Bank Leumi Trust Co. (1992)
We have no sympathy with shopping around for forums.’ ” Id. (quoting Clayton v. Warlick, 232 F.2d 699, 706 (4th Cir.1956)).
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Southern Distributing Co. v. E. & J. Gallo Winery (1989)
APPEALABILITY OF TRANSFER ORDERS An order granting or denying a motion to transfer under § 1404(a) is considered interlocutory and is ordinarily non-appealable. 2 Gower v. Lehman, 799 F.2d 925, 927 (4th Cir.1986); Ellicott Machine Corp. v. Modern Welding Co., 502 F.2d 178, 180 (4th Cir.1974) (Craven, J.) (“it is well settled that the decision of a district judge on a motion for change of venue under section 1404(a) is not appealable as a final judgment”); Clayton v. Warlick,…
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Scheinbart v. Certain-Teed Products Corporation (1973)
Green Co. v. MacMahon, 312 F.2d 650, 652 (2d Cir. 1962), cert. denied, 372 U. S. 928 , 83 S.Ct. 876 , 9 L.Ed.2d 736 (1963) ; Clayton v. Warlick, 232 F.2d 699, 706 (4th Cir. 1956) ; Chicago, R.I. & Pac.
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MOBIL OIL CORPORATION. v. WR Grace & Company (1971)
Clayton v. Warlick, 232 F.2d 699, 706 (4th Cir. 1956); Chicago R.
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Kenneth David Bradley Cecile Bradley, a Minor Child, by Her Next Friend and Father Kenneth Bradley the Estate… (1998)
See In re Korean Air Lines Disaster of Sept. 1, 1983, 829 F.2d 1171, 1175-76 (D.C.Cir.1987) (holding that transferee court should decide federal claim based on its own view of law without deference to law of transferor circuit); see also Clayton v. Warlick, 232 F.2d 699 , 706(4th Cir.1956) (holding that "the same law, the federal ... law, will be applied wherever [the case] is tried" and thus choice of law questions should not influence a decision to transfer under 28 U.S.C.…
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Bradley v. United States (1998)
See In re Korean Air Lines Disaster of Sept. 1, 1983, 829 F.2d 1171, 1175-76 (D.C.Cir.1987) (holding that transferee court should decide federal claim based on its own view of law without deference to law of transferor circuit); see also Clayton v. Warlick, 232 F.2d 699 , 706(4th Cir.1956) (holding that "the same law, the federal ... law, will be applied wherever [the case] is tried" and thus choice of law questions should not influence a decision to transfer under 28 U.S.C.…
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In Re KOREAN AIR LINES DISASTER OF SEPTEMBER 1, 1983. Appeal of Plaintiffs Steering Committee (1987)
Green Co. v. MacMahon, 312 F.2d 650 (1962), cert, denied, 372 U.S. 928 , 83 S.Ct. 876 , 9 L.Ed.2d 736 (1963); Ackert v. Bryan, 299 F.2d 65 , 69-70 (1962); see also Clayton v. Warlick, 232 F.2d 699, 706 (4th Cir.1956); Scheinbart v. Certain-Teed Products Corp., 367 F.Supp. 707 (S.D.N.Y.1973).
Compare Clayton v. Warlick, 232 F.2d 699, 702-706 (4th Cir. 1956), with Morehead v. Barksdale, 263 F. 2d 117, 118-119 (1959) and General Tire and Rubber Co. v. Watkins, 326 F.2d 926, 929 (4th Cir.) cert. denied, 377 U.S. 909 , 84 S.Ct. 1160 , 12 L.Ed.2d 179 (1964), we need not presently decide.
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Semmes Motors, Inc., Suing on Behalf of Itself and Together With Ford Dealers Alliance, Inc., Etc. v. Ford Mo… (1970)
See Clayton v. Warlick, 232 F.2d 699 (4 Cir. 1956).
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Hausfeld v. Love Funding Corp. (2014)
See Clayton v. Warlick, 232 F.2d 699, 700-701 (4th Cir.1956); Polaroid Corp. v. Casselman, 213 F.Supp. 379, 383 (S.D.N.Y.1962); Torres v. S.S.
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Safarian v. Maserati North America, Inc. (2008)
See Clayton v. Warlick, 232 F.2d 699, 706 (4th Cir.1956) (“We have no sympathy with shopping around for forums.”) It does not seem that Plaintiff is attempting to find a forum that will give her favorable rulings.
See Clayton v. Warlick, 232 F.2d 699 (4th Cir. 1956).
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Paesch v. American Cyanamid Co. (1966)
See also, Clayton v. Warlick, 232 F.2d 699 (4 Cir. 1956) ; Jiffy Lubricator Co. v. Stewart-Warner Corporation, 177 F.2d 360 (4 Cir. 1949).
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De Luxe Game Corp. v. Wonder Products Co. (1958)
See Clayton v. Warlick, 4 Cir., 1956, 232 F.2d 699, 706 .