Right to Be Heard

Question 1

[Fuentes v. Shevin] “Firestone Stove Seizure”

Answer 1

Generally, Defendants have the right to a pre-deprivation hearing.

Except when either:
1. the seizure is directly necessary to secure an important governmental or public interest;
i. with a special need for very prompt action;
ii. and strict state control over use of legitimate force

2. Clear, knowing, intentional waiver of pre-deprivation hearing right

This right does not apply to private repo; only to public officials.

Question 2

Federal Statute for Transfer 28 U.S.C 1404(a)

Answer 2

For the convenience of parties and witnesses and in the interest of justice, a district court may transfer any civil action to any other district or division where;

1. it might have been brought; or
2. to which all parties have consented.

Forum selection clauses count in contract cases.