Are we in the right court? Venue **********

Question 1

What is venue

Answer 1

1. SMJ told us we can go to fed ct. Venue tells us which federal court. 9 federal districts

Question 2

What are the basic choices of venue

Answer 2

π may lay venue in any district where either

a. all ∆s reside
b. or
c. a substantial part of the claim arose.
i. can have multiple viable venues

d. BUT these do not apply if case was removed from state to federal court. Their venue is in the district embracing the state court. these rules are for cases filed initially in federal court.

Question 3

Does it matter where πresides

Answer 3

3. Doesn’t mater where π resides. – venue can be waived. assumed to be waived if no timely objection.

Question 4

What if ∆ is an alien

Answer 4

4. if ∆ doesn’t reside in the US, venue is OK in any district.
   a. but if a co-∆ does reside in the US, venue must be proper with that ∆

Question 5

What if all ∆s reside in different districts of the forum state

Answer 5

5. If all ∆s reside in different districts of the forum state, π can lay venue in the district where any ∆ resides

Question 6

What does “reside” mean”?

Answer 6

a. where does a human reside: domicile.
b. a business (corporated or unincorporated) reside?
i. all districts where subject to PJ for this case.

Question 7

Transfer of venue if original venue was proper

Answer 7

allows transfer to another district where the action “might have been brought” or “to which all parties have consented.” EVEN IF the venue has been properly laid in the court where the motion of transfer is made. BECAUSE although it may be proper, it is inconvenient. Still must meet

1. SMJ (diversity or FQ)
2. PJ over the ∆
3. venue

ii. burden is on the person seeking transfer, usually ∆. factors the court considers in deciding transfer
a. public factors: what law, desire to keep controversy local, what jury
b. private factors: where the evidence and witnesses are. convenience.

iii. Or can just transfer to somewhere all parties have consented, even if not proper. For ex. a forum selection clause.
1. because there is cause to transfer—convenience

Question 8

Transfer of venue if original district is improper venue

Answer 8

court may transfer or dismiss

i. but they usually deny motions to dismiss and instead choose to transfer.
ii. granting a motion to may have injust results.

Question 9

Law that applies on transfer if original district was proper

Answer 9

the transfer solely on convenience carries to the transferee court the originally applicable rules under Erie, i.e. the law of the state in which the transferor court sat.
1. for ex. π sues ∆ in a federal district court in PA. Transferred to MA, but district court in MA must apply the law that would have applied in PA.

Question 10

Law that applies on transfer if original district was improper or if there was a forum selection clause

Answer 10

the receiving court applies its own rules

Question 11

Forum non conveniens

Answer 11

like transfer but different. there is another court that is center of gravity that makes more sense. But the court dismisses or stays the case.

a. the idea is that π will sue in another court
b. why dismiss or stay? because the more convenient court is in a different judicial system (for ex different country) so transfer is impossible
c. decision is based on same factors, public and private factors.
d. requires a strong showing because dismisses or stays
e. almost never granted if π is resident of present forum
f. the other court must be available and adequate
i. adequate just means π will get day in court