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Case Study: Nestle V. South Carolina

239 Words1 Pages

Plaintiff gave birth to Christa on September 9, 2006 at Spartanburg Regional Medical Center in Spartan burg, South Carolina. Plaintiff was given an unsolicited gift bag containing Nestle Good Start Supreme powdered infant formula at which time when they were discharged from the hospital she solely fed the infant the formula from the gift bag. Three days later the infant contracted meningitis resulting in severe brain damage that will prevent her from ever living independently. Plaintiff commenced instant action against Nestle alleging that the formula was tainted with bacteria causing the meningitis. Nestle moved case to federal court and moved to transfer action to District Of South Carolina. Issue : Can a plaintiff choose venue based on past case history within jurisdiction and representing council also represented winning plaintiff in that case with no ties to location of action or treatement of action. Is a Defendant allowed to request transfer from a higher court. …show more content…

The court granted Nestles request for transfer of the action to the United States District Court for the District of South Carolina. Reason : The court pointed out that the plaintiff resides in South Carolina, her daughters injuries occurred there and her medical treatment was there and continues to be there therefore making South Carolina the appropriate place for the litigation to proceed. A court should not be required to expend resources on cases that have little relationship to the district

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