State ex rel. Schwarz Pharma, Inc. v. Judge Dowd

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Schwarz Pharma Inc. was sued in seven individual actions by Plaintiffs, who filed suit in the St. Louis city court. Schwarz filed a motion to transfer venue in these seven individual actions under Mo. R. Civ. P. 51.045. The trial court ruled that the motions were untimely because they were not filed within the sixty-day period after Schwarz was served. Schwarz wrought writs of prohibition in the court of appeals, which denied relief. The Supreme Court granted relief, holding (1) the trial court erred in ruling that Schwarz’s motions to transfer venue were untimely; (2) Schwarz’s timely filed motions demonstrated that venue was improper in St. Louis city; and (3) therefore, the trial court was required to sustain the timely filed motions to transfer venue. View "State ex rel. Schwarz Pharma, Inc. v. Judge Dowd" on Justia Law