Jurisdiction & Venue

Question 1

Where is venue proper?

Answer 1

Plaintiff may lay venue in any district where:

1. Where any D resides if all defendants reside in forum state OR
2. A substantial part of the claim arose

If D does not live in the U.S. venue is okay in any district

Improper venue is waivable.

Question 2

Transfer of Venue

Answer 2

Moving from one trial court to another in the same system.

There are two statutes for venue transfers:
1. Proper original venue
2. Improper original venue

Question 3

Transfer of Venue - Improper OV

Answer 3

If original district is IMPROPER, the court can transfer or dismiss. If it is transferred, the receiving court’s law controls.

Question 4

Transfer of Venue - Proper OV

Answer 4

If original district is PROPER, court may transfer for convenience of parties and witnesses and in the interest of justice. The following factors should be considered:

1. Public factors: what law applies, what community should be burdened with jury service, the desire to keep a local; and
2. Private factors: convenience. where the defendants and evidence are found.

When diversity case is transferred the laws of sending court apply UNLESS the transfer was to enforce a forum selection clause.

Question 5

Transfer of Venue and Forum Selection Clause

Answer 5

Federal law enforces reasonable FSC.

Only public interest factors will be considered for transfer.

When the transfer is to enforce the FSC, the receiving court applies its own choice of law.