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CLASS ACTIONS / VENUE - EX PARTE 3M COMPANY, INC.

In Ex parte 3M Company, Inc., [Ms. 1081246, Feb. 5, 2010] __ So.3d __ (Ala. 2010), the Alabama Supreme Court held that, when analyzing venue in a purported class action that has yet to be certified, the trial court may consider only the residency of the class representative(s), and cannot consider the residency of absent class members. Additionally, pursuant to Rule 82(d) of the Alabama Rules of Civil Procedure, if plaintiff files suit in the improper forum and defendant files a timely motion to change venue, the trial court is without authority to transfer the action to any forum other than the one requested by the defendant(s). The Court granted the defendants' petition and issued a writ of mandamus transferring the case to the county in which defendants' principal place of business was located.

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