7. When is a district court permitted to transfer under 28 U.S.C. 1406(a), rather than under...

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7. When is a district court permitted to transfer under 28 U.S.C. ยง 1406(a), rather than under Section 1404(a)? When a case is transferred under Section 1406, the court will treat the action as if had been filed initially in the transferee forum. Would it be appropriate to apply the Van Dusen rule, see Note 3, above, to a case transferred under Section 1406?

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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