Venue

Question 1

§1391(b): Choice of Venue

Answer 1

Venue choices:
1. * Judicial district in which any defendant resides as long as all defendants reside in the same state
2. Judicial district in which a substantial part of the events occurred or in which the relevant property is situated
3. If no judicial district falls into these categories then the defendant can be sued anywhere there is jurisdiction over him

Question 2

§1404(a): Proper Venue

Answer 2

The venue may be proper but, in the interest of justice, the case can be transferred to another venue.

Question 3

§1406(a): Improper Venue

Answer 3

If it is found that a district court is an improper venue, the case shall be dismissed or transferred to an appropriate venue.

Question 4

Thompson v. Greyhound Lines, Inc.

Answer 4

If the defendant is not a resident of a state, nor did a substantial portion of the events giving rise to the suit arose , under §1391(b) there is no jurisdiction.

Question 5

Piper Aircraft v. Reyno

Answer 5

If there is a foreign plaintiff then their forum choice carries less weight than a US plaintiff’s might.

Question 6

Factors if No Forum Selection Clause

Answer 6

• Private interest: whether claim arose elsewhere, convenience of parties and witnesses, ease of access to sources of proof
• Public Interest: court’s familiarity with laws, relative congestion of the courts, local interest in deciding case

Question 7

Forum Non Conveniens

Answer 7

Doctrine that a court may decide that this court is improper and therefore the case will be dismissed. Higher bar to achieve that §1404. It is used when:
* A case has been filed in federal court and should be filed in state court.
* A case has been filed in US federal court and should be filed in a different country.
In these cases the case is dismissed under forum non conveniens and refiled in the appropriate court.

Question 8

When is venue proper?

Answer 8

There is personal jurisdiction AND it satisfies §1391(b).

Question 9

Answer 9