Venue

Question 1

Proper Venue

Answer 1

any district where:
1- all Ds reside (if in same state, can be either district Ds reside)
2- a substantial part of the claim arose

Question 2

where do humans reside for venue purposes?

Answer 2

domicile

Question 3

where do corporations reside for venue purposes?

Answer 3

all districts where subject to PJ for this case

Question 4

Transfer of Venue

Answer 4

a case can only be transferred to another federal district where the case could have been brought- to a proper venue that has PJ over D

exception: the court can transfer to any district at all if the parties consent and it finds cause for the transfer

Question 5

Transfer in the interests of justice

Answer 5

If venue in original district is proper, the court may transfer to another federal district based on “convenience of the parties, convenience of the witnesses, and the interests in justice.”

Courts look to public and private factors showing that the other court is the center of gravity

if case is transferred under this statute, choice of law is applied from the state in which the action was originally filed

Question 6

If venue in original district is improper

Answer 6

Court may transfer in the interests of justice or dismiss