Transfer and Non Conveniens

Question 1

U.S.C. Title 28, Ch. 87 - § 1404 (a): Change of Venue

Answer 1

Change of Venue:

(a) For convenience of parties and in interest of justice, a DC MAY TRANSFER ANY civil action to ANY OTHER dist. OR div. where it might have been brought or to any district or division to which the parties have consented.
- Note: Forum Selection Clause rooted in this provision

Court CAN decide to:
1. Dismiss; OR (not covered in 1404)
»>Sometimes an action can’t be transferred (i.e. venue lies in a State court) Dis. w/o Prej.
2. Transfer (interest of justice)
…the action in favor of a more convenient forum or in the interest of justice.

• Transfer is only available from a court to a different court in the same system (Fed to Fed)
• This Code only applies to Federal cases
• No requirement to, but almost ALWAYS, Transfers

Question 2

U.S.C. Title 28, Ch. 87 - § 1404 (b): Change of Venue

Answer 2

(b) Upon motion or consent of the parties, any civil action may be transferred at the discretion of the court to any other division in the same district.

Question 3

Dismissal: The Basic Idea

Answer 3

If a federal court lacks SMJD, it will dismiss
- A Federal Court is bound by duty to ensure the SMJD is within the Court’s JD.

If a federal court lacks Per. JD, it will dismiss

• No duty from the Court to ensure Per. JD is correct
• Must be an issue raised by the D(s) in their first Pleading
• A D can consent to being subject to a Court’s PJD

If a particular federal court is the wrong venue, the Court will most likely transfer
- “In the interest of justice” provided in the Code offers a wide scope for the Court to use its discretion when determining the proper course (transfer or removal)

*If a case in state court could have been brought in federal court, the Defendant(s) can motion to REMOVE to federal court where the state court sits.

Question 4

§ 1404 (a-c): Change of Venue (Basic Idea)

Answer 4

For when current venue is proper, but another is better

(a) For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought . . .
(b) [Transfer from one division to another within the same district]
(c) [Transfer from one place to another within the same division]

Question 5

U.S.C. Title 28, Ch. 87 - § 1406 (a & b): Cure or Waiver of Defects (fed to fed)

Answer 5

(a) The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.
- Give Fed. Ct. power to dismiss or transfer a suit filed incorrectly, whether it is insufficient on the grounds of SMJD or Venue.

(b) Nothing in this chapter shall impair the jurisdiction of a district court of any matter involving a party who does not interpose timely and sufficient objection to the venue.

Question 6

Forum Non Conveniens

Answer 6

A mostly common law doctrine where a Federal court acknowledges that another forum or court is more appropriate and sends the case to such a forum.

• Can be sent via Transfer or Dismissal

Question 7

U.S.C. Title 28, Ch. 87 - § 1404 (c): Change of Venue

Answer 7

(c) Any civil action can be ordered to be tried at any place w/i the division in which it is pending
- Can order a different Court in same division to hear the case, even if that Court isn’t the proper venue