Venue Flashcards
When is venue proper?
Venue is proper in a judicial district where ANY defendant resides, or a state where ALL defendant’s reside, or where a substantial part of the events at issue occured; or where property that is the subject of the action is located.
If non of the above applie, venue is property where ANY defendent is subject to personal JD.
Is a change of venue permitted when the original venue is proper?
If so, what law is applied after the transfer?
If original venue was proper, a transfer can be permitted to any district where the case might have been brought originally, or to which ALL parties consent.
In a matter exclusively based on DJ, the district court where the case was transferred to MUST apply the law from from the PREVIOUS court.
In a matter based on FQ JD, the new district court where the case was transferred TO will apply the laws of THEIR court of appeals.
Is a change of venue permitted when the original venue is improper?
If so, what law is applied after the transfer?
If original venue was improper, the court may either dismiss the case or transfer the case to a proper district if it is in the interests of justice.
In a matter exclusively based on DJ, the court where the case was transferred TO must apply the choice-of-law rules of the “receiving” state to determine law to be applied.
In a matter exlusively based on FQ JD, the “receiving” court will apply the law’s as interpreted by their own court of appeals.
When is the docrine of forum non conveniens applied?
If a matter in front of a federal court is deemed most appropriate to be heard by a state or foreign court, the D may request that the case be transferred or dismissed for refiling in the apporpriate court. This burden is the Ds.
A court MUST dismiss the case if the appropriate venue is a foreign court.
