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Supervising Discretion: An Interest-Based

Supervising Discretion: An Interest-Based 2025

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The document discusses the complexities and inconsistencies surrounding the use of mandamus review for transfer orders under 28 U.S.C. § 1404(a). It highlights the importance of venue in litigation, particularly in patent cases, and proposes a statutory framework to allow for expanded mandamus review when certain interests—such as access to evidence, witness convenience, localized interest, judicial economy, and enforceable contracts—are affected by a district court's decision. The proposed statute aims to provide clarity and uniformity in the application of mandamus review across different circuits while minimizing unnecessary delays in the judicial process.

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Supervising Discretion: An Interest-Based 2025

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