Jurisdiction and Venue - Venue and Transfer Flashcards
Venue determines
the judicial district in which a lawsuit may be filed or commenced.
Venue is proper in a judicial district where:
ANY defendant resides, IF all the defendants reside in the same state;
A substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is located;
OR
If there is NO district anywhere in the United States that satisfies (1) or (2), a judicial district in which ANY defendant is subject to personal jurisdiction.
For venue purposes, the rules for determining the defendant’s residence
vary depending on the type of party involved:
Individuals. An individual is deemed to reside in the judicial district where he is domiciled.
Business Entities. A business entity is deemed to reside in any judicial district where the entity is subject to personal jurisdiction with respect to the action in question.
Foreign Defendants. A defendant who is NOT a resident of the United States, whether a U.S. citizen or an alien, may be sued in ANY judicial district.
Rules for residence in venue v. citizenship for Jx
The rules to determine residence for venue purposes are different than the rules to determine citizenship for jurisdiction purposes.
Proper Venue. If venue is proper, the court may nonetheless
transfer the case for the convenience of the parties or witnesses to any court where the case could have been originally filed (i.e., the transferee court must have valid SMJ + personal jurisdiction over the defendant + proper venue).
Improper Venue. If venue is improper, the court MUST:
Dismiss the case;
OR
Transfer the case to a venue in which the case could have been originally filed (i.e., the transferee court must have valid SMJ + personal jurisdiction over the defendant + proper venue).
Choice of Law. If a court transfers a case to another venue, the law that the transferee court must apply
depends on whether the original venue was proper and the type of case involved.
If the transferor court had proper venue in a diversity case, the transferee court must apply
the law that would have been applied in the district court that transferred the case.
If the transferor court had proper venue in a federal question case, the transferee court must apply
the federal law as interpreted by its own federal court of appeals.
If the transferor court had improper venue in a diversity case, the transferee court must apply
the transferee court must apply the choice-of-law rules of the state in which it is located, as opposed to the state law of the district court that transferred the case.
If the transferor court had improper venue in a federal question case, the transferee court must apply
the federal law as interpreted by its own federal court of appeals.
The doctrine of forum non conveniens authorizes a trial court, in its discretion, to
decline to exercise jurisdiction
and to dismiss the action in favor of an alternative adequate forum. The decision to grant such a motion is governed by a number of public and private considerations that include the governing law, the state’s interest, the location of witnesses, and the burdensomeness of jury duty. See GulfOil Corp. v. Gilbert, 330 U.S. 501 (1947). A foreign plaintiff’s forum choice is not entitled to deference, see Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981), and the key question is whether an alternative adequate forum is available to litigate the claim.
Time limit for right to remand for improper removal to a federal court
30 DAYS
For most defects in the removal process (e.g., the removal purports to be to a federal court that’s in a district other than where the state action was filed), P must request the remand within 30 days after D filed the notice of removal, or the right to remand is waived.
But the right to a remand for lack of subject matter jurisdiction is never waived and when judge discovers defect in SMJ, MUST remand to state court.
While diversity is determined at the moment the case began, in removal actions
there must be diversity both at the moment the state-court suit was filed AND at the moment the notice-of-removal was filed
If improperly removed from state to federal court, generally what is time limit to move to have case remanded back to state court?
within 30 days after the filing of the notice of removal
BUT WHERE SMJX IS THE REASON FOR REMAND, THIS IS NEVER WAIVED (UNLESS APPEAL TIME HAS PASSED) AND CAN REQUEST FOR REMAND FOR LACK OF SMJX PAST THE 30 DAYS. JUDGE MAY DO THIS ON THEIR OWN TOO.
