The order permits filing in the transferee district regardless of the plaintiff's residence, typically preserving the parties' positions on applicable law and specifying where directly filed cases would proceed if not resolved.
It eliminates the transfer process for new cases.
Alternative Names:
Order Permitting Direct Filing, DFO
Why it Matters?
The choice of law provision is what these orders must get right, since a directly filed case has no transferor forum whose law would apply under ordinary transfer principles. Orders that defer the question produce disputes later when a case approaches trial or when law-specific issues arise in settlement design. Specifying that the law of the plaintiff's home state applies is the common approach.
Frequently Confused with
Related terms
Frequently asked questions
What must a direct filing order address?
What is the common choice of law approach?
