VENUE

Question 1

Venue

Answer 1

Venue is considered proper in

(i) a judicial district where any defendant resides, if all defendants reside in the same state, or
(ii) the judicial district in which a substantial part of the events or omission giving rise to the claim occurred, or were a substantial part of the property that is the subject of the action is located

If neither (i) or (ii) apply, venue is proper where any defendant is subject to personal jurisdiction

Question 2

Any Defendant Resides - Natural Person

Answer 2

Generally, a natural person is considered a resident in the district in which she is domiciled. To establish domicile, the individual must (1) reside in the state or U.S. territory with (2) the intent to remain there.

Question 3

Any Defendant Resides - Business Entities

Answer 3

If the defendant is an entity, venue is property in any district where the defendant is subject to personal jurisdiction. If the plaintiff is an entity, venue is property in the district where it has its principal place of business.

Question 4

Any Defendant Resides - Corporation

Answer 4

In a multi-district state, a corporation is considered a resident of any district where it would be subject to personal jurisdiction if that district were its own state. If there is no district, the corporation will be deemed to reside in the district within which it has the most significant contacts.

Question 5

Any Defendant Resides - Non-Resident Aliens

Answer 5

Non-resident aliens may be sued in any judicial district, and the joinder of such a defendant shall be disregarded in determining where the action may be brought with respect to other defendants

Question 6

Venue Transfer - Original Venue Proper

Answer 6

If the original venue is proper, transfer is discretionary. 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 or to any district or division to which all parties have consented.

Question 7

Venue Transfer - Interest of Justice

Answer 7

If the new venue is proper, the court considers private and public factors in determining whether transfer is in the interest of justice.

Public Factors: administrative difficulties, interest in having cases decided locally, familiarity with the forum law, and avoidance of conflict of laws or the application of foreign law

Private Factors: Private factors include (i) accessibility to evidence, (ii) ability to compel the attendance of witnesses, and (iii) cost of attendance for witnesses

Question 8

Venue Transfer - Original Venue Improper

Answer 8

The district court of a district in which a case is filed 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. A timely objection must be made, otherwise, the court can maintain jurisdiction.

• Whether New Venue Is Proper
• Interest of Justice
  
  • Public Factors
  • Private Factors
  • Forum Selection Clause - Generally, courts honor transfer based upon a forum selection clause in a contract unless the transfer would be against the interests of justice.

Question 9

Venue Transfer - Choice of Law

Diversity Cases

Answer 9

In diversity cases, transferee courts apply the substantive law that the transferring court would have applied

Question 10

Venue Transfer - Choice of Law

Federal Question Cases

Answer 10

In federal question cases, the transferee court will use the law they would have applied had the case been filed there originally.