venue Flashcards
1
Q
generally proper venue
A
1) where any D resides (provided all Ds reside in same state)
2) location of claim or property
3) any district where D is subject to PJ (fallback)
2
Q
choice of law for venue transfer
A
transferee court applies choice of law rules of the original court, regardless of which party sought transfer BUT will apply its own if original venue was improper or if transfer was to enforce a forum selection clause
3
Q
forum non conveniens
A
when there is a more appropriate forum for the litigation, but the case cannot be transferred there, a court may dismiss the action pursuant to FNC
