Pg 12 Flashcards
What is involved in federal venue?
A person can sue where any defendant resides or acted wrongly, or where a substantial portion of the events occurred. This can only happen if there is SMJ based on diversity or federal question, as well as PJ, and a relationship between the state of suit and the claim
If jurisdiction in a federal court is based on diversity, where can the venue be?
- In a district where all the defendants reside
- where a substantial part of the events or litigation happened
– catchall: if the above two do not work, where any defendant is subject to PJ
If federal jurisdiction is based on federal question, where can venue be?
– DISTRICT: In any district where any defendant resides if all are residents of the same state. Focus is on judicial districts not states
– EVENTS: In any district where a substantial part of the events occurred that gave rise to the claim, or a substantial part of the property is located. The focus is on the substantial events
– FALLBACK: if the above two do not work, any district where any defendant can be found and has PJ
If jurisdiction is based on federal question, and venue is being placed in a district where any defendant resides as long as all defendants are residents of the same state, does that rule apply to actions that are removed to federal court?
No. Proper venue for a removed action is the district and division where the action is pending in state court
If jurisdiction is based on federal question, and venue is being placed in the district where a substantial part of the events occurred or the property is located, what is required?
A relationship between the underlying events and the place that the case is tried. I.e.: location of the accident, substantial part of the property located there
If a plaintiff that is from North Ohio sues a defendant from eastern Virginia for breach for not designing a building in Tennessee like he contracted, what district has venue?
Eastern Virginia has venue as the district where a defendant resides, and under the place that the substantial events occurred because the omission happened there
If a plaintiff from California brings a diversity action against a defendant from Washington and another defendant from Ohio for an accident that happened in Canada, where do you place venue?
No district is proper with regard to the judicial district, because the defendants aren’t residents of the same state. And a substantial part of the accident happened in another country, so you can’t base it on the substantial events. In that case you go to the default fallback rule, where it can be in either Washington or Ohio because a defendant is found there and has personal jurisdiction
If jurisdiction is based on federal question, and there is a specialized venue statute, how does that affect venue?
The provisions regarding judicial districts or substantial events normally apply, but if there is a specialized venue statute, then that is what controls
What are situations that a specialized venue statute would exist for?
Copyright, interpleader, actions against federal officials, etc.
Any time that you’re looking at federal venue, what should you always ask?
If it’s based on diversity jurisdiction or federal question, and if there is a special venue statute that would control
If an action is removed to federal court, do the general venue rules apply?
No, the general venue rules only apply to cases that are commenced in federal court. If the action is removed to federal court then the proper venue is the district and division that the action is pending in state court
What is the solution for an improperly removed case?
Remand it back to state court
Is it proper for a court to dismiss an action sua sponte for improper venue?
Venue is the privilege of the defendant, which he can waive, but the court should have control over inappropriate venue even if the parties are satisfied. That is why there’s a split on whether this is proper. Generally speaking courts are allowed to transfer cases when justice requires it
If a party is a corporation or an unincorporated association, how does venue work?
Normal domicile rules can’t apply to corporations because they don’t have intent. Venue can be:
– in the state of incorporation as well as the principal place of business or the place of minimum contacts
– or in any district where they are subject to PJ for the action of the suit.
If a corporation’s principal place of business is California and it is incorporated in Southern California where it resides, if suit is brought in Northern California would that be proper?
No, because the corporation has no contacts there
If a state has multiple districts, how do you figure out where a defendant resides if the defendant is a corporation?
The defendant resides in any district that the contacts are enough for personal jurisdiction if it was a foreign state, and if that doesn’t exist, in any district it has the most significant contact with.
Venue is proper if it is based on any single act by a corporate employee in a district if the act gave rise to the claim [the act is minimum contacts, so the corporation resides in that district and anywhere else that has minimum contacts]
How do you determine venue for a foreign defendant?
When they do not reside in any district and the event did not happen in the United States, venue can be laid in any district that you can find the defendant
If you are objecting to venue or arguing that it is improper, how does this have to be done?
The objection must be timely raised in pleadings, or it is waived. Venue can be challenged through either an affirmative defense or a motion
Can a district court transfer or change venue?
Yes, a district court can transfer any civil action to any other district that it might have been brought in if all the parties consent. If the case could’ve been brought in a different venue, then for the convenience of the parties and witnesses and in the interests of justice, venue can be changed.
What are some reasons to transfer or change venue?
To move where the evidence is, where the witnesses are, or the events took place
What is the standard to determine if the venue should be changed?
In the interests of justice. The idea is to try to honor the plaintiff’s forum choice, so transfers are only done when a material enhancement results from the move
If a person wants to change venue, does he have to prove that he is guaranteeing the best forum for him to do so?
No, the only requirement is that you are changing to a better forum
What are factors to consider when deciding to change or transfer venue?
Access to witnesses, docket congestion, speed to trial, relationship of the community to the dispute, the court’s familiarity with governing law, the plaintiff’s forum choice, pre-suit venue agreements, etc.
For a diversity case, what is the applicable law when venue is changed?
The state law of the transferor court applies. It is just a change of courtroom
What is a temporary transfer of venue?
Related cases can be temporarily transferred to one district when they involve:
– common questions
– and it is convenient for the parties and witnesses
– and in the interest of justice
– for coordinated and consolidated pre-trial proceedings.
What is the idea behind temporary transfers of venue?
To avoid duplicate discovery, eliminate the risk of inconsistent pretrial rulings, and to conserve resources
Who makes the decision about making a temporary transfer of venue?
The decision is made by a judicial panel on multi district litigation of seven Court of Appeals and District Court judges that are appointed by the chief justice, who authorized consolidation for pre-trial purposes and only need the concurrence of four members.
How does a temporary transfer of venue end?
There’s a duty to remand the action to the original court for trial once pre-trial proceedings end
If a case is a diversity case and venue has been transferred, what law applies?
The law of the transferor forum applies even after the transfer of the action. The transferee District Court must apply the state law that would have been used if there hadn’t been a venue change. Change of venue is just a change of courtroom
