Hoffman v. Blaski, 363 U.S. 335 (1960)

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Author: U.S. Supreme Court

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Hoffman v. Blaski, 363 U.S. 335 (1960)

Hoffman v. Blaski


No. 25


Argued April 19-20, 1960
Decided June 13, 1960 *
363 U.S. 335

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SEVENTH CIRCUIT

Syllabus

Under 28 U.S.C. § 1404(a), a federal district court in which a civil action has been properly brought is not empowered to transfer the action on the motion of the defendant to a district in which the plaintiff did not have a right to bring it. Pp. 335-344.

(a) The phrase "where it might have been brought" in § 1404(a) cannot be interpreted to mean "where it may now be rebrought, with defendants’ consent." Pp. 342-343.

(b) Under § 1404(a), the power of a district court to transfer an action to another district is made to depend not upon the wish or waiver of the defendant, but upon whether the transferee district is one in which the action "might have been brought" by the plaintiff. Pp. 343-344.

260 F.2d 317, 261 F.2d 467, affirmed.

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Chicago: U.S. Supreme Court, "Syllabus," Hoffman v. Blaski, 363 U.S. 335 (1960) in 363 U.S. 335 Original Sources, accessed January 30, 2023, http://www.originalsources.com/Document.aspx?DocID=8MIXT343X1E2NZS.

MLA: U.S. Supreme Court. "Syllabus." Hoffman v. Blaski, 363 U.S. 335 (1960), in 363 U.S. 335, Original Sources. 30 Jan. 2023. http://www.originalsources.com/Document.aspx?DocID=8MIXT343X1E2NZS.

Harvard: U.S. Supreme Court, 'Syllabus' in Hoffman v. Blaski, 363 U.S. 335 (1960). cited in 1960, 363 U.S. 335. Original Sources, retrieved 30 January 2023, from http://www.originalsources.com/Document.aspx?DocID=8MIXT343X1E2NZS.