In this federal case, the plaintiff brought an action against defendants BASF Catalysts LLC, Superior Materials, Inc. and Whittaker, Clark & Daniels, Inc. for the asbestos exposure and death of her husband, Pedro Rosado-Rivera. The plaintiff alleges that each defendant sold an asbestos-containing auto body repair filler that the decedent worked with at auto shops in New York, Puerto Rico, and Florida. The defendants moved to transfer the case to The United States District Court for the Middle District of Florida.
The court granted the transfer finding that the action could have been brought in the transferee court at the time of filing and that the transfer would be an appropriate exercise of the court’s discretion. In making its decision, the court looked at several factors: “1) the convenience of the witnesses; (2) the convenience of the parties; (3) the location of relevant documents and the relative ease of access to sources of proof; (4) the locus of operative facts; (5) the availability of process to compel the attendance of unwilling witnesses; (6) the relative means of the parties; (7) the forum’s familiarity with the governing law; (8) the weight accorded to plaintiff’s choice of forum; and (9) trial efficiency and the interests of justice.”
In its conclusion the court held that “Defendants have met their burden as to the locus of the operative facts and personal jurisdiction. Given that this case has not proceeded past a dispositive motion, and that Florida’s connection to the suit are greater than New York’s, the interest in efficient and just dispute resolution supports transfer.”