Civil Procedure (재건)

Question 1

Venue

Answer 1

Finding the appropriate geographic location for a case.

Question 2

Venue proper 28 USC 1391

Answer 2

1. Where any defendant resides, if all defendants reside in the same state.

Question 3

Venue of defendant corporation:

Answer 3

deemed to reside in any district where its subject to personal jurisdiction in the case.

Question 4

Defendant Corporation: Venue: If there are multiple districts,

Answer 4

residence is any district that’d have PJ if it were a separate state.

Question 5

Venue proper 28 USC 1391

Answer 5

2. Where substantial part of the events or omissions giving rise to the claim occurred.

Question 6

Venue proper 28 USC 1391

Answer 6

Any district where the defendanat is subject to personal jurisdiction in the case.

Question 7

Farmer wants to sue in the Southern District of State A, manu wants to litigate in District of State B–>
28 USC 1401 a.

Answer 7

Then, Manu, defendant, can transfer the case to District of State B.
A court can transfer a case for the convenience of parties and witnesses, and in the interest of justice, to any district or division where it might have ben brought initially or to which all parties consent.

Question 8

Transfer is ok

Answer 8

even if the original venue is proper;
Only to another FEDERAL Court, not to a STATE court.

Question 9

The farmer could have initially been brought in the district court in State B.

Answer 9

which has jurisdiction and Venue.
–> BUT
the defendant, Manu, can’t show that the transfer would be convenient and just.
because many important witnesses are in State A’s hospital (Drs, witnesses)
Tractor is in State A. (important witnesses), accident site in State A.
–> Transfer was convenient for the manu, but was NOT for anyone else.
–> Justice does not require it.
–> Improper.

Question 10

Improper venue, Ct must

Answer 10

dismiss the case, or in the interest of justice, transfer it to a proper venue.–> it has to be raised in time.

Question 11

28 USC 1631

Answer 11

If a court lacks PJ, it must transfer a case to a district in which the case could have been brought, if doing so is in the interest of justice.

Question 13

SoL: State A, 4 years. State B: 2 years. Farmer filed 3 years later. If transfer to District in State B, farmer can take the advantage of 2 years?

Answer 13

NO.
Transferor –> same law –> to the Transferee State. (Federal).
SoL: Still, 4 years: applied.

Question 14

If farmer signed boilerplate sales contract

Answer 14

“The parties agree to litigate any products liability claims in the district of State B.”
- Farmer did not read it. and sued manu in State A District.
- Manu invoked “forum selection clause.”–> transfer State B. Forum selection clause makes boilerplate sales contract void.
Should the court transfer? YES.
- The enforceability of forum selection clauses in federal court is governed by Federal Statutory law, not state law.

Question 15

28 USC 1401 (a) allows transfer to any district to which all parties agree.

Answer 15

• The federal courts must enforce a forum selection clause unless there is compelling reason not to.
• Farmer’s failure to read the contract was not a compelling reason to deny transfer.
  –> Court should grant the manu’s motion.

Question 16

Forum Non Conveniens

Answer 16

CL doctrine that allows a Federal Ct to stay or dismiss a case that’s more appropriately heard outside the Federal Judicial system.

Question 17

Assume Farmer was Canadian, accident occurred in Canada: “I am suing the manu” in State B.

Answer 17

Canadian Court?
Manu, “I move to dismiss because of forum non conveniens.”

Question 18

Multiple factors to decide Forum Non Conveniens

Answer 18

1. The availability of witnesses,
2. The other court systems interest the case
   –> the Ct will often defer to a plaintiff’s choice of courts.