Tramec Sloan LLC v. Surti

Tramec Sloan LLC v. Surti The Federal Circuit dismissed for lack of appellate jurisdiction because denial of a motion to dismiss or transfer is interlocutory and not a final decision. The court also found no § 1292(b) certification and no basis to treat the appeal as warranting mandamus relief. The decision reinforces that venue-transfer and dismissal denials generally must await final judgment unless properly certified or presented through a viable mandamus petition. Dismissed for lack of jurisdiction; no costs. The district court denied Surti’s motion to dismiss based on claim preclusion/collateral estoppel and denied transfer under §§ 1406(a) and 1404(a). The Federal Circuit held the appealed order was not final under §§ 1291 and 1295(a)(1) because it did not end the litigation on the merits. Section 1292(b) did not apply because the district court did not certify the order for interlocutory appeal. Although transfer denials may be challenged by mandamus, Surti did not file a mandamus petition and, even under a liberal reading, did not show a clear and indisputable right to relief. The court noted the district court correctly analyzed venue under §§ 1391(b) and 1400 and reasonably weighed the § 1404(a) transfer factors. standing / jurisdiction claim preclusion non-precedential standing / jurisdiction claim preclusion non-precedential standing / jurisdiction non-precedential