On August 13, 2021, Law360 reported on a Venable win in SmileDirectClub v. Candid Care Co., in which Judge Alan Albright of the U.S. District Court for the Western District of Texas granted Candid Care’s motion to transfer, and transferred the case to the District of Delaware. Judge Albright found that the plaintiff SmileDirectClub had engaged in what he called “blatant forum shopping” in choosing to sue in his court and that judicial economy required a transfer. The article notes Venable partner Mike Sandonato as saying that the case never should have been brought at all, and certainly should not have been brought in Texas, and quotes him as saying “We are pleased that the Texas court saw SmileDirectClub’s forum shopping for what it was. We now look forward to prevailing on the merits in Delaware.”
The full article may be found here.