11 & 12 Basic Venue and Challenges to Venue

Question 1

Venue rule and motion

Answer 1

R 12, 12b3, motion to dismiss for improper venue

Question 2

Venue issue typically brought by

Answer 2

defendant, can think of it as a defense

Question 3

Rule 12 b motions to dismiss

Answer 3

12b1 SMJ
12b2 PJ
12b3 improper venue

Question 4

Purpose of venue

Answer 4

-allocate cases within a state or federal system
- ensure the court is conveniently located and has some connection to the law suit or parties

Question 5

Venue statute

Answer 5

Title 28 1391
section a - applies to all civil actions
section b - where case can be heard

Question 6

28 US 1391(b)

Answer 6

Vase can be heard where:

1 action can be where defendant resides when all def are residents of same state

2 where a substantial part of events occurred

3 if there is no district where action can be heard by 1 or 2, anywhere where defendant is in court’s personal jurisdiction

P’s residence are irrelevant to federal venue

Question 7

28 US 1391(b)(1) Residency rules

Answer 7

(1) lawful permanent residence in the United States =domicile
(2) Corporations and unincorporated associations = where they are subject to PJ
(3) non-resident = any judicial district

Question 8

Individual PJ analysis

Answer 8

1) general PJ - domicile
2) specific PJ - International Shoe

Question 9

Corporate PJ analysis

Answer 9

General PJ Source: SCOTUS
1. where PPOB
2. where incorporated OR
3. where sufficiently substantial
contacts for Def to be “at home” (Daimler 2014)

Specific PJ
- In’l Shoe—minimum contacts and FPSJ(??)

Question 10

Unincorporated associations partnerships and unions PJ analysis

Answer 10

Same as corporation, but can serve a partner for tag jurisdiction

General PJ Source: SCOTUS
1. where PPOB
2. where incorporated OR
3. where sufficiently substantial
contacts for Def to be “at home” (Daimler 2014)

Specific PJ
- In’l Shoe—minimum contacts and FPSJ(??)

Question 11

Unincorporated associations partnerships and unions SMJ analysis

Answer 11

Citizenship of each
member in order to limit 1332 cases with no diverse citizens.

Question 12

Individual SMJ analysis

Answer 12

domicile - residence and intent to stay (Gordon) establishes citizenship

Question 13

Corporations SMJ analysis

Answer 13

Source 1332c

1. where PPOB
2. where incorporated

Question 14

Individuals venue analysis

Answer 14

Domicile

Source: 1391(c)(1) = where “person is domiciled”

Question 15

Corporations venue analysis

Answer 15

Source: 1391(c)

Wherever they are subject to Pj

General PJ Source: SCOTUS
1. where PPOB
2. where incorporated OR
3. where sufficiently substantial
contacts for Def to be “at home” (Daimler 2014)

Specific PJ
- In’l Shoe—minimum contacts and FPSJ(??)

Question 16

Venue analysis for Unincorporated
associations,
Partnerships, &
Unions

Answer 16

Source: 1391(c)

Wherever they are subject to Pj

General PJ Source: SCOTUS
1. where PPOB
2. where incorporated OR
3. where sufficiently substantial
contacts for Def to be “at home” (Daimler 2014)

Specific PJ
- In’l Shoe—minimum contacts and FPSJ(??)

Question 17

Source and interpretation of substantial part

Answer 17

1391b2

a substantial part, so if event occured in multiple venues, have option of multiple forums (Uffner)

event need not by a point of dispute between parties to be a substantial event giving rise to the claim (Uffner)

Question 18

source of law

“a substantial part, so if event occured in multiple venues, have option of multiple forums”

“event need not by a point of dispute between parties to be a substantial event giving rise to the claim”

Answer 18

Uffner

Question 19

change in venue rule

Answer 19

28 USC 1404a

may transfer any civil action to any other district
- where it might have intially been brought
- or to which all parties consented

• court follows the law of the transferor court

Question 20

curing defective venue rule

Answer 20

28 USC § 1406(a)

If filed in the wrong jurisdiction, court may dismiss

or

transfer it to a district where it could’ve been brought if it is in the interest of justice

whoever seeks transfer must prove transfer venue is proper

Question 21

venue rule nuances

Answer 21

Intrasystem: must be intrasystem - within same state or fed court system

court can dispose of case without determining SMJ only if dismissed not on the merits.

PJ - court without PJ can transfer a case to a court that has pj. court then applies the law of the court in that district - not the transferor court’s choice of law

Question 22

transfer vs removal

Answer 22

Transfer F->F
Removal S->F

• D may remove from state court to fed court but cannot transfer that way.
• P can request transfer, but cannot request removal

Question 23

consent and forum selection clause

Answer 23

in contracts, when a company includes where they will litigate a dispute (forum selection )

and what law they follow (choice of law)

Question 24

Forum non conveniens

Answer 24

common law doctrine

when case is in proper venue, can be dismissed if oppressiveness and vexation of the defendant is out of proportion to P’s convenience.

Used when an alternative court is most appropriate.

fed court will use only when alternative court is a foreign country

state court will use to dismiss when case should be filed in another state

Question 25

How many federal district courts are in Colorado?

Answer 25

1

Question 26

What happens when a case is filed in the wrong venue?

Answer 26

Court can transfer to another forum where it could’ve been brought or dismiss under 1406.

Question 27

How do parties transfer if they wan to transfer?

Answer 27

Can transfer to another forum where it could have been brought and to which all parties consent.
Can also raise 12b2, 12b3 motions prior to request for transfer.