Venue Flashcards
Venue in General
Bates v. C&S Adjusters
Mail was forwarded to NY where the defendant received ACTUAL notice - court held that plaintiff had opportunity to put “do not forward” if they did not want venue laid in NY
Choice of Law
Klaxon v. Stentor
Choice of law applies in the state where the court sits
Choice of Law
Van Dusen v. Barrack
In a § 1404 transfer the transferee must apply the choice of law that the transferor would have applied
Choice of Law
Ferens v. John Deere
Even if the plaintiff requests the § 1404 transfer the transferee still applies the choice of law of the transferor.
FNC
Piper Aircraft v. Reyno (public factors)
- Admin difficulties
- Local interest in controversy being decided at home
- Avoidance of unnecessary problems in conflict of laws
- Unfairness burdening citizens in an unrelated forum jury
- Inconvenience and expense of applying other law
FNC
Piper Aircraft v. Reyno (private factors)
- Ease of acces to evidence
- Compulsory process for attendance of unwilling
- Cost of obtaining attendance of the willing
- Possibility of viewing the premises
Where is venue proper?
§ 1391(b)
1. Where the defendants reside if all defendants are residents of the state
2. In a judicial district where a substantial part of the events giving rise to the claim occurred
3. If no district is proper, anywhere the defendant is subject to pjx
Removal based on diversity
§ 1441(b)
May not be removed if any of the defendants is a citizen of the state in which the action is brought
Procedure for removal
§ 1446
1. short and plain statement
2. 30 days - 1 year
3. Removal = no § 1391 analysis - removed to court where such an action is pending
Padula v. Lilarn Properties
Both parties residents of New York, tort occurred in Mass. For choice of law: (1) where are the significant contacts located (2) is the purpose of the law to regulate conduct or allocate loss. Court determined Mass law applied.
Goldlawr Transfer
Allows courts with no PJx to still transfer under § 1406(a)
