Venue

Question 1

Where would venue be proper?

Answer 1

In any district where:
1- ALL defendants reside; or
2- If ALL Ds reside in the SAME STATE but DIFFERENT DISTRICTS, in any district in which any of them reside; or
3- a SUBSTANTIAL part of the claim arose

Question 2

Where do the following defendants reside:

• human D’s?
• business association (either corporate or non-incorporated)?

Answer 2

• humans reside in the district where they are domiciled
• business associations, both corporations and non-incorporated businesses alike, reside in all districts where they are subject to personal jurisdiction for the case at hand

Question 3

Transfer of Venue

• Def
• Rule
• Exception to Rule

Answer 3

• Def: sending (transferring) a case from one federal district court to another federal district court
• Rule: A case can only be transferred to another federal district where the case could have been brought. This means it can only be transferred to a federal district that would have been a proper venue and that has PJ over the D.
• Exception- the court can transfer to any district at all if the parties consent and the ct finds cause for the transfer

Question 4

Why would a court transfer venue?

Answer 4

If venue in original district is PROPER, the court may transfer to another federal district based on:
1- “convenience of parties
2- convenience of witnesses, and
3- the interests in justice.”

In considering whether to transfer, the court looks to public and private factors showing that the other court is the center of gravity of the case:
1- Public factors: what law applies; what community a jury should be drawn from
2- Private factors: convenience b/c of where the witnesses and evidence are

If venue in original district is IMPROPER court may transfer in the interests of justice or dismiss.

Question 5

If a case is transferred, what choice-of-law rules does the court to which the case is transferred apply?

Answer 5

Those of the state where the case was originally filed.

Question 6

How is FNC different from Transfer of Venue

Answer 6

FNC is a dismissal b/c the case is more suited for another state’s state court or a court in a foreign country. Transfer of venue is not a dismissal, its just moving the case to another federal district court.

FNC- If, upon motion of any party, the court finds that the interests of substantial justice require an action to be heard in the court that it cannot transfer to (foreign country, another states state court), the court may stay or dismiss the action in whole or in part on any conditions that may be just. Substantial justice refers to dismissal on the grounds of convenience of the court, convenience of the P, or convenience of the D. Court may dismiss for FNC regardless of the fact that the action is one over which the court has SMJ.