United States Ex Rel. Westrick v. Second Chance Body Armor, Inc.
771 F. Supp. 2d 42
D.D.C.2011Background
- Relator Westrick sues Second Chance Body Armor, Toyobo, and individual defendants for FCA violations and related common law over Zylon body armor.
- The government and relator seek to proceed in D.C.; individual defendants move to transfer venue to the Western District of Michigan.
- Zylon deteriorates faster than expected; government alleges concealment of information about degradation affecting federal purchase programs.
- Defendants reside or transact business in Michigan; some events occurred outside Michigan, but many false-claim filings arose in D.C.
- Court analyzes transfer under §1404(a) using public and private factors; public factors favor proceeding in D.C. given local interest and docket, public factors weigh against transfer.
- Court concludes the seven-year-old case would be delayed by transfer and that related cases in the court should be adjudicated together; motion to transfer denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether transfer to W.D. Michigan is appropriate under §1404(a). | Westrick | Second Chance, Toyobo | Denied |
| Do public interest factors weigh in favor of or against transfer. | Public interests align with DC forum | Michigan would be better for public interests | Against transfer |
| Do private factors favor transfer, including forum choice and convenience. | DC forum meaningful to parties | Transfer to Michigan would alleviate burden | Against transfer |
| Do witnesses' convenience and access to proof support transfer. | DC witnesses burdened; someMichigan witnesses convenient | Some witnesses in Michigan, but nationwide subpoenas permit trial in either district | Against transfer |
Key Cases Cited
- Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981) (transfer must balance private and public interests)
- Stewart Org., Inc. v. Ricoh Corp., 487 F.2d 22 (D.C. Cir. 1988) (case-by-case, fact-intensive convenience analysis)
- Savoy Indus., Inc. v. Daly, 587 F.2d 1149 (D.C. Cir. 1978) (public-interest and efficiency considerations in transfer decisions)
- Dooley v. United Techs. Corp., 786 F. Supp. 65 (D.D.C. 1992) (public interest, docket, and forum considerations in transfer rulings)
- Islamic Republic of Iran v. Boeing Co., 477 F. Supp. 142 (D.D.C. 1979) (related claims in the same forum favor consolidation of resources)