Fitzgibbon v. Radack

In this suit for malicious prosecution and defamation, transfer to the District of Columbia, where the defendant allegedly falsely accused the plaintiff of sexual assault, is not justified.

While the plaintiff’s choice of forum carries less weight than usual because he lives outside Virginia and sues for events that occurred in D.C., he resided in Richmond during the relevant events and most of his witnesses live in and around this area. Also, the effects of the allegedly defamatory remarks were felt in this forum. Even if D.C. law applies to the claims, the defendant provides no reason why this court cannot apply the law of that jurisdiction.

Motion to transfer venue denied.

Fitzgibbon v. Radack, No. 3:18cv247, Feb. 6, 2019. EDVA at Richmond (Payne).

Categories: Opinions, U.S. District Court - Eastern District of Virginia

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