The following excerpt is from Ayers v. Lee, Case No.: 14-cv-00542-BGS-NLS (S.D. Cal. 2020):
Court held that when a case has been properly filed in one district court and was transferred under 1404(a) to another district court in a different state by a defendant's motion, the transferee court is bound to apply the law that would have been applied by the state courts of the state in which the transferor court sat. 376 U.S. 612, 638-39 (1964); see also Ellis v. Great Sw. Corp., 646 F.2d 1099, 1107 (5th Cir. 1981) ("We conclude, therefore, that in cases such as the present, where the defendants seek transfer, the transferee district court must be obligated to apply the state law that would have been applied if there had been no change of venue.")
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.