Venue

Question 1

When is venue proper in federal court

Answer 1

In the judicial district where any D resides in state, as long as ALL Ds reside in same state.

OR where the claim arose (substantial part of the events occurred).

Otherwise, where D is subject to PJ.

Question 2

Generally: when is venue transfer proper

Answer 2

Permitted to any district where case might have been brought or to which all parties consent.

Question 3

Transfer from one federal court to another

Answer 3

A case brought WITH proper venue may be transferred for convenience to another district with proper venue.

A case brought WITHOUT proper venue may be:
(1) dismissed, or
(2) transferred to a district with proper venue.

Question 4

Which state’s law applies if suit was brought in district WITH proper venue?

Answer 4

The law of the transferor (first) forum controls.

Question 5

Which state’s law applies if suit was brought in district WITHOUT proper venue?

Answer 5

The law of the transferee (second) court controls.

Question 6

Whose responsibility is it to object to improper venue?

Answer 6

Defendant’s.

Question 7

When must claim of improper venue be made?

Answer 7

At the first opportunity. Else, it is waived.

Either in a pre-answer motion to dismiss or the D’s answer.