4. Venue Flashcards
How is proper venue determined under 28 USC 1391?
(1) a district where any defendant resides if all defendants are residents of the same state
(2) a district where a substantial part of events that gave rise to the claim occurred, or a substantial part of property that is the subject of the action
(3) if there is no proper venue under 1 and 2, then a district court where at least one defendant is subject to PJ
How is residency defined for venue under 28 USC 1391?
(1) where an individual is domiciled, including permanent residents
(2) if a corporation et al. is P then PPB, if corporation et al. is D then where they are subject to PJ
(3) nonresidents can be sued in any district court
How is residency defined for corporations in a state with multiple districts under 28 USC 1391?
Residency will be where they are subject to PJ if that district were a separate state.
Ex. Residency in SDNY not just any district in NYS
What are the different motions related to transfer?
MOTION TO TRANSFER
28 USC 1406 Cure or Waiver of Defects
Filed due to improper venue, law of court does not transfer.
28 USC 1404 Change of Venue
Allows change from one proper venue to another is all parties consent, the law of court transfers to the new forum. Cannot transfer for a new body of law.
MOTION TO DISMISS
Forum non conveniens
Dismissal based on inconvenient forum, there must be an alternative forum.
