Venue Flashcards
Determining Proper Venue (3)
1) Any D Resides: In any district where any D resides (provided all Ds also reside in the same state in which the district is located);
2) Location of Claim or Property: In any district in which a substantial part of the claim arose or in which a substantial part of property that is subject to the action is situated, or
3) D subject to PJ (fallback): If non district in which any D is subject to PJ
Residency for Venue Purposes - People
Determined by domicile
Residency for Venue Purposes - Corporations
Reside in any state where they are subject to PJ
Residency for Venue Purposes - Non-Corp Business
Resident of all districts in which it was subject to PJ when action commenced (broader standard than PPB)
Residency for Venue Purposes - Unincorporated Associations
Residency determined by location of association itself, not individual members
Venue Transfer - General
A case may be transferred from one fed. district to another in which the case could have been filed or one to which all parties consent
- Any party may move to transfer venue, but court may refuse if original venue is proper
- Fed. Law governs venue transfer
Venue Transfer - Proper in OG District
Court may order transfer based on interest of justice, convenience of parties and witnesses
Courts discretion based on:
Public Factors: what law applies, which community should be burdened with jury service, etc.
Private Factors: Convenience
Venue Transfer - Improper in OG District
Court may transfer in the interest of justice or dismiss the case
Venue Transfer - Choice of Law
Transferee court applies choice of law rules of the of court, regardless of which party sought transfer
Transferee court will apply its own laws if original venue is improper
Venue Transfer - Forum Selection Clauses
Case must be transferred to the indicated fed. district unless the public factors present a compelling reason not to transfer
Forum Non Conveniens - General
When there is more appropriate forum for the litigation, but the case cannot be transferred there, a court may dismiss the action pursuant to the doctrine of FNC
Forum Non Conveniens - Adequacy of the Alternative
Because a dismissal is consequential, courts, courts will not grant FNC without finding that there is an adequate alternative forum
- When adequacy is in doubt, a court may stay the proceeding rather than dismiss, so that it can resume litigation if necessary
Forum Non-Conveniens - Factors
Court evaluates based on same public and private factors as for venue transfer
