Venue Flashcards
What is Venue? And what is the purpose?
The proper place to file a lawsuit. Based on both convenience and judicial administration.
What are the statutes to know for venue?
1391, 1404(a), and 1406(a)
What is the rule for 1404(a)?
If the venue is proper, in the interest of justice, a case can be transferred.
What is the rule for 1406(a)?
If the venue is improper, a court can either dismiss the case or transfer the case to a proper venue in the interest of justice.
What are the cases to know for venue?
(1) Atlantic Marine, (2) Smith v Colonial Penn, and (3) Piper Aircraft
What is the rule from Atlantic Marine?
When forum-selection clauses are the basis for a 1404(a) transfer motion, the court should transfer the case UNLESS “extraordinary circumstances” (unrelated to the convenience of the parties) clearly disfavor a transfer.
What is the rule in Smith v Colonial Penn?
Courts weigh the following factors to decide if a transfer is permitted: (1) convenience of witnesses, parties, lawyers and records, (2) costs, (3) place where the bad stuff happened, (4) possibility of delay by transfer, and (5) plaintiff’s choice of forum (entitled to great deference).
What is the rule in Piper Aircraft?
Ordinarily strong presumption in favor of plaintiff’s forum choice, which may be OVERCOME when private and public interest factors clearly point to trial in an alternative forum. BUT if the plaintiffs are foreign, this presumption has LESS force.
What questions should you ask when starting a venue analysis?
Where did the bad stuff happen? Where do the defendants live?
What are acceptable places of venue?
(1) The courts located in the state/district where the bad stuff happened, and/or (2) the state where the defendants live ONLY IF they all live in the same state.
Where is venue proper for a foreigner?
Any venue per 1391.
Where is venue proper for a corporation?
(1) Principle place of business, (2) state of incorporation and (3) whatever state has PJ over the case in question.
Where is venue proper for an individual?
Judicial district where the person is domiciled.
Judicial Districts operate like…
A state!
What is forum non conveniens? And what case should we cite for this?
The doctrine of forum non conveniens permits a US court to decline to exercise its judicial jurisdiction if the court would be a seriously inconvenient forum and if an adequate alternative forum exists. Cite to Piper.
