The U.S. Court of Appeals for the Second Circuit has allowed an erroneously transferred case to remain in Manhattan district court, citing the “lesser evil” of cost saving and speed of resolving the matter that would be realized by not routing the breach-of-contract suit back to Indiana.

However, the panel, composed of Circuit Judges Pierre Leval, Debra Ann Livingston, and Denny Chin, found that the law under which it made its findings—and not that which the appellants had argued under—meant Indiana, not New York, law was operable in the suit, required a vacating of the lower court’s timeliness judgment and a remand for review under the different law.