5. Venue (Due Process Clause 14A)

Question 1

What is required for federal courts to bring action in a proper district venue?

Answer 1

US Defendant (Individuals)

• District court where ALL Ds reside in same state
• State (NOT district court) where ANY D is subject to PJ - domiciled/contact with event/omission/property location)

NON-US Defendant (Individuals)
- State (NOT district court) where ANY D is subject to PJ - domiciled/contact with event/omission/property location)

Defendant (Corporations)
- State (NOT district court) where ANY D is subject to PJ - domiciled/contact with event/omission/property location)

State where substantial part of event/omission/property subject to action occurred

Question 2

How can parties transfer venue to another transferee?

Answer 2

Proper transferor

• Transferee must have SMJ + PJ + Proper venue
• Parties consented to transfer

NOT proper transferor

• Transferee must have SMJ + PJ + Proper venue
• Transfer in interests of justice
• Transfer made by Forum Selection Clause

Question 3

What options can the court exercise when transferring venue?

Answer 3

Transferor => Transferee (within same state)
- Transfer venue

Transferor => Transferee (within different states)

• Federal law: Transfer venue
• Forum non conveniens: Dismiss/Stay claim (Parties’/Ws’ convenience, e.g. foreign country, UNLESS no adequate remedy)

Question 4

Which law must apply towards transfer of venue?

Answer 4

Transferor => Transferee (within same state)
- Transferor’s law

Transferor => Transferee (within different states)
- Transferee’s law