Extract to table

The Fifth Circuit has held that the party seeking transfer under § 1404(a) must demonstrate that the proposed transferee venue is "clearly more convenient" than the venue in which the case was filed

As the Fifth Circuit has explained, the plaintiff's choice of forum is "not an independent factor" in the transfer analysis, but it is reflected in the movant's burden: because the plaintiff chose the original forum, the defendant must show that the balance of factors warrants disturbing that choice

The movant must demonstrate that a transfer is warranted by a preponderance of the evidence, taking into account the totality of circumstances

Courts must resist the temptation to equate the convenience of the defendant's home forum with "clear" convenience under the statute

The *In re Volkswagen* Private and Public Interest Factors The Fifth Circuit has identified eight factors — divided into private interest factors and public interest factors — that courts must evaluate when ruling on a motion to transfer under § 1404(a)

The court must weigh each of these factors, and no single factor is dispositive