Venue Flashcards
How is venue determined?
Venue is dictated by:
1. residency of D
2. location of events giving rise to the suit
3. if venue is not proper based on residence of D or location of events, venue is established where at least one D is subject to personal jurisdiction
What is venue if all D’s reside in the same state?
Venue is proper in any district where any single D resides
Where does D reside for purposes of venue determination?
Humans: reside where they live
Organizations: reside in every district in which they are subject to personal jurisdiction for that suit
What is venue where D’s reside in multiple states?
Venue is determined based on location of harm, which is the district where a substantial part of the events giving rise to the claim occurred
To what extent may venue be transfered?
Venue can move between federal courts, but not state or foreign courts
When can venue be transferred based on convenience?
When the suit could have been filed there originally and transfer is necessary for convenience of the parties and.or witnesses
When can venue be transferred based on agreement?
If all parties join request to transfer, court does not need to consider personal jurisdiction or venue
When may venue be transferred based on the interest of justice?
If filed in the improper venue, a court can dismiss or in the interest of justice transfer the case to where it could have been filed originally
What are the grounds on which a court can order a transfer of venue?
- convenience
- agreement
- interest of justice
What is forum non conveniens
If the most convenient forum is not tin the US, a court cannot transfer the case, but it can dismiss without prejudice so that the P can refile in the proper country
What factors are considered by a court when deciding whether to grant forum non conveniens?
Convenience, agreement or interest of justice
