Right Court - Venue

Question 1

What federal court venue we be picking?

Answer 1

P can lay venue in district D’s reside OR where substantial part of claim arose.

Question 2

What if D’s reside in different districts of same state or different states?

Answer 2

If different districts, same state P can lay venue in district in which any D resides.

If its different states, no common district so can’t choose venue on that basis.

Question 3

Where do D’s reside for venue purposes?

Answer 3

Domicile state, Corporations are subject to their normal domicile situation.

Question 4

When can a federal district court transfer case to another federal district court?

Answer 4

Where case could have been filed.

Question 5

What do the two transfer statutes say?

Answer 5

1) In original district a proper venue, court can order transfer based on convenience of parties, witnesses and on interests of justice a) public reasons b) private convenience.
2) If Court is improper venue, can transfer in interest of justice or dismiss.

Question 6

What about forum non conveniens?

Answer 6

Dismisses/stays because a foreign court is adequate. Will almost never do if P resident of present forum.