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District Court Grants Defendant's Motion to Transfer Venue to Plaintiff's Resident District for ERISA Disability Benefits Claim
Roberts Disability Law Link to more items from this source
Oct. 2, 2023

"Noting ERISA's broad venue provisions permitting jurisdiction 'where the plan is administered, where the breach took place, or where a defendant resides or may be found' ... the Court found that venue in the District of Utah would be proper as Plaintiff resided and worked in Utah, received benefits checks in Utah, and had his benefits terminated while residing in Utah. As to the second requirement, whether transfer is appropriate and in the interest of justice, the Court considered nine factors ... [and] concluded that the District of Utah was clearly the proper forum for the matter[.]" [Penrose v. New York Life Insurance Company & Life Insurance Company of North America, No. 22-2184 (S.D.N.Y. Sep. 22, 2023)]  MORE >>

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