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Case of Note Republic of Bolivia v. Philip Morris Co., Inc., Civil Action No. G-99-110 (March 1, 1999)(Kent, J.). The following is a humorous order from Judge Kent of the United States District Court for the Southern District of Texas. Bolivia originally filed this lawsuit in state court in Brazoria County, Texas, a jurisdiction reportedly famous for its big damage awards. The suit was against several tobacco companies with the objective of recovering health care costs. The defendants were not all in Texas, so they succeeded in having the case removed to federal court in Galveston. Judge Kent decided to transfer the case to a more appropriate federal district, and this is the text of his order: |
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Plaintiff, the Republic of Bolivia, brings this action to recover from
numerous tobacco companies various health care costs it allegedly
incurred in treating illnesses its residents suffered as a result of
tobacco use. This action was originally filed in the District Court
of Brazoria County, Texas, 239th Judicial District, and removed to
this Court on February 19, 1999, by certain Defendants alleging
jurisdiction under 28
U.S.C. Section 1331 and 28 U.S.C. Section 1332. For the
following reasons, the Court exercises its authority and discretion
pursuant to 28 U.S.C. Section 1404(a) to sua sponte transfer this
case to the United States District Court for the District of Columbia.
This is one of at least six similar actions brought by foreign
governments in various courts throughout the United States.
The governments of Guatemala, Panama, Nicaragua, Thailand,
Venezuela, and Bolivia have filed suit in the geographically diverse
locales of Washington, D.C., Puerto Rico, Texas, Louisiana, and
Florida, in both state and federal courts.
Why none of these countries seems to have a court system their
own governments have confidence in is a mystery to this Court.
Moreover, given the tremendous number of United States
jurisdictions encompassing fascinating and exotic places, the Court
can hardly imagine why the Republic of Bolivia elected to file suit in
the veritable hinterlands of Brazoria County, Texas.
The Court seriously doubts whether Brazoria County has ever
seen a live Bolivian ... even on the Discovery Channel.
Though only here by removal, this humble Court by the sea is
certainly flattered by what must be the worldwide renown of rural
Texas courts for dispensing justice with unparalleled fairness and
alacrity, apparently in common discussion even on the mountain peaks
of Bolivia! Still,
the Court would be remiss in accepting an obligation for which it
truly does not have the necessary resources.
Only one judge presides in the Galveston Division--which
currently has before it over seven hundred cases and annual civil
filings exceeding such number--and that judge is presently burdened
with a significant personal situation which diminishes its ability to
always give the attention it would like to all of its daunting docket
obligations, despite genuinely heroic efforts to do so.
And, while Galveston is indeed an international seaport, the
capacity of this Court to address the complex and sophisticated issues
of international law and foreign relations presented by this case is
dwarfed by that of its esteemed colleagues in the District of Columbia
who deftly address such awesome tasks as a matter of course. |
Indeed, this Court, while doing its very best to address the more
prosaic matters routinely before it, cannot think of a Bench better
versed and more capable of handling precisely this type of case, which
requires a high level of expertise in international matters.
In fact, proceedings brought by the Republic of Guatemala are
currently well underway in that Court in a related action, and there is
a request now before the Judicial Panel on Multidistrict Litigation to
transfer to the United States District Court for the District of
Columbia all six tobacco actions brought by foreign governments,
ostensibly for consolidated treatment.
Such a Bench, well-populated with genuinely renowned intellects,
can certainly better bear and share the burden of multidistrict
litigation than this single judge division, where the judge moves his
lips when he reads....
Regardless of, and having nothing to do with,
the outcome of Defendants' request for transfer and consolidation, it is
the Court's opinion that the District of Columbia, located in this
Nation's capital, is a much more logical venue for the parties and
witnesses in this action because, among other things, Plaintiff has an
embassy in Washington, D.C., and thus a physical presence and
governmental representatives there, whereas there isn't even a Bolivian
restaurant anywhere near here!
Although the jurisdiction of this Court boasts no similar foreign
offices, a somewhat dated globe is within its possession. While the
Court does not therefrom profess to understand all of the political
subtleties of the geographical transmogrifications ongoing in Eastern
Europe, the Court is virtually certain that Bolivia is not within the
four counties over which this Court presides, even though the words
Bolivia and Brazoria are a lot alike and caused some real, initial
confusion until the Court conferred with its law clerks.
Thus, it is readily apparent, even from an outdated globe such as
that possessed by this Court, that Bolivia, a hemisphere away, ain't in
south-central Texas, and that, at the very least, the District of
Columbia is a more
appropriate venue (though Bolivia isn't located there either).
Furthermore, as this Judicial District bears no significant
relationship to any of the matters at issue, and the judge of this Court
simply loves cigars, the Plaintiff can be expected to suffer neither
harm nor prejudice by a transfer to Washington, D.C., a Bench better
able to rise to the smoky challenges presented by this case, despite the
alleged and historic presence there of countless
"smoke-filled" rooms. Consequently, pursuant to 28
U.S.C. Section 1404(a), for the convenience of parties and witnesses,
and in the interest of justice, this case is hereby transferred to the
United States District Court for the District of Columbia. IT IS SO ORDERED. |
