U.S. Bank National Ass'n v. Bank of America N.A., No. 16-3560 (2d Cir. 2019)Annotate this Case
The Second Circuit vacated the district court's denial of U.S. Bank's motion to retransfer the action to the United States District Court for the Southern District of Indiana, where it was instituted, and grant of judgment on the pleadings to Bank of America. The court disagreed with the district court's conclusion that Bank of America was not subject to the jurisdiction of the Indiana court, and therefore necessarily concluded that the Indiana court's transfer to New York was not authorized under 28 U.S.C. 1631. Nonetheless, the court affirmed the New York district court's denial of U.S. Bank's motion to retransfer to Indiana, treated the original transfer as one made under 28 U.S.C. 1404(a), and vacated the judgment of dismissal rendered on the ground that the suit was untimely under the laws of New York.