Arguments over venue, transfer and statute waivers occupy Alabama Supreme Court

Robert Rutherford, arguing for the NCAA, questioned the appropriateness of venue in DeKalb County and discussed statutory mechanisms for transfer. Rutherford said the petitioner’s main relief sought was dismissal for improper venue but that the NCAA had considered transfer options and could agree to waive statute-of-limitations defenses if the case were transferred to Tennessee or Indiana.

Justices probed whether petitioners had asked for transfer below and how Section 65430 and forum non conveniens might apply; the court asked whether transfer should be conditioned on a defendant’s agreement not to contest jurisdiction or statutes of limitation in the receiving forum. Counsel acknowledged potential transfer locations such as Lee County (Auburn) and discussed practical consequences if limitations would bar refiling.