Venue

Question 1

venue purpose

Answer 1

ensure that a case is litigated in a court that is conveniently located and has some connection to the lawsuit or to one or both of the parteis

Question 2

venue source

Answer 2

no constitutional basis!

through the congressional state 28 U.S.C. 1391

note: there are also specialized statutes

Question 3

what are the venue specialized statutes?

Answer 3

1404 – applies to proper venue

1406 applies to – improper venue

Question 4

28 U.S.C. 1391(b)

Answer 4

this is the general venue statute

(1) a judicial district in which any defendant resides, if all defendants are residents of the state in which the district is located;
(2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property. that is the subject of the action is situated; or
(3) if there there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect such action

Question 5

1391(b) subsection 1

Answer 5

venue is proper where the defendant resides

for individuals: it is their domicile 1391(c)

for corporations: it is their place of incorporation and their principal place of business 1391(c)(2) and (d)

note: if all defendants reside in the same state but different districts within the state, venue is proper in either district

Question 6

1391(b) subsection 2

Answer 6

venue is proper where the event occurred giving rise to the claim

Uffner!

Question 7

1391(b) subsection 3

Answer 7

venue is proper where a defendant is subject to personal jurisdiction

note: this subsection only applies is subsections (1) and (2) do not

Question 8

28 U.S.C 1406

Answer 8

a defendant may transfer or dismiss a case under this statute if venue is improper

to dismiss = 1406 + Rule 12(b)(3)
to transfer = 1406

subsection (a) states: the district court in which is filed a case laying a venue in the wrong division shall either be dismissed, or if it would be in the interest of justice, transfer the case to any district which it could have been brought

note on transfer: cannot transfer between jurisdiction (state to federal or federal to state)

Question 9

how do you know when to dismiss or transfer?

Answer 9

If there is a federal court to which the case can be transferred, in other words, there is a federal district where venue is proper, the district court will generally transfer it instead of dismissing it

this is because it is easier, cheaper, and more efficient to transfer rather than dismiss

Question 10

28 U.S.C. 1404

Answer 10

a defendant may transfer a case under this statute even if venue is proper

MacMunn case outlines various private and public interest factors that need to be weighed to determine if transfer is proper

note: a motion to dismiss even if venue is proper is not governed by this statute –> it is governed by common law doctrine, forum non conveniens

Question 11

private interest factors (1404 and MacMunn)

Answer 11

1) P’s choice of forum
2) D’s choice of forum
3) whether a claim arose elsewhere
4) the convenience of the parties
5) the convenience of the witnesses
6) ease of access to the source of proof

Question 12

public interest factors (1404 and MacMunn)

Answer 12

1) the transferee’s familiarity with governing laws
2) the relative congestion of the calendars of the potential transferee and transferor courts
3) the local interest in deciding local controversies at home

Question 13

forum non conveniens

Answer 13

when a defendant files a motion to dismiss even when venue is proper

1404 doesn’t authorize such dismissal but common law does