Venue Flashcards
What is the general rule regarding venue in federal court?
Under the general venue statute, venue is proper in a judicial district where:
-> any defendant resides—but only if all defendants reside in the same state
OR
-> a substantial portion of the events occurred
OR
-> a substantial part of the property at issue is located
OR
-> any defendant is subject to the court’s personal jurisdiction—but only if venue cannot be established under the above provisions.
When do the special venue rules apply?
-> Case Against a Federal Official
-> Case Brought Under the Federal Tort Claims Act
-> Case Against a Foreign State
-> Multiparty, Multiforum Litigation
-> Case Removed From State Court
What are the special venue rules with regard to a case against a federal official?
An action against an officer or employee of the United States or its agencies acting in an official capacity or under color of legal authority may be commenced in a judicial district in which:
-> A defendant in the action resides;
-> A substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is situated;
OR
-> The plaintiff resides, if no real property is involved in the action.
What are the special venue rules with regard to a case brought under the Federal Tort Claims Act?
Venue in a case brought under the Federal Tort Claims Act is proper either
-> in the judicial district where the plaintiff resides
OR
-> in the judicial district where the act or omission occurred.
What are the special venue rules with regard to a case brought against a foreign state?
In a case against a foreign state, including a political subdivision, agency, or instrumentality, venue is proper in any
-> judicial district in which a substantial part of the events or omissions giving rise to the claim occurred,
OR
-> a substantial part of property that is the subject of the action is situated.
What are the special venue rules with regard to a case under the multiparty, multi-forum litigation provision?
In a case in which the jurisdiction of the court is based on the multiparty, multiforum provision (e.g., at least 75 natural persons died in an accident at a discrete location), venue is proper in
-> any judicial district in which any defendant resides
OR
-> in which a substantial part of the accident giving rise to the action took place.
What are the special venue rules with regard to a case removed from state court?
In a case that is removed from state court, venue is proper in the federal district court in the district where the state action was pending. It is immaterial that venue would not have been proper under the general venue rule if the action had been brought initially in that district.
What is proper venue when the D is a nonresident of the U.S.?
Venue is proper in any judicial district—including a district in the state where the P resides.
How is proper venue in federal court decided when looking at residence/
Judicial district where D is domiciled for individual
Where D subject to PJ for an entity
OR
When entity is P, where principal place of business Is located
Can you change venue in federal court when original venue was proper? If so what is the general rule about it?
Transfer permitted to any district where case might have been brough originally or to which all parties consent
When there is a change in venue (but the original venue was proper), what applicable law related constraint is there relating to DJ and a FQ?
DJ
-> new district court must apply law from previous district court
FQ
-> new district court in another appellate circuit will apply federal law as interpreted by its court of appeals (not the appellate circuit of the transferring district court)
Can you change venue in federal court when original venue was improper? If so what is the general rule about it?
Dismiss case or transfer case to proper district if it’s in the interest of justice
When there is a change in venue (but the original venue was improper), what applicable law related constraint is there relating to DJ, FQ, and lack of PJ?
DJ
-> district court to which the case is transferred applies the choice-of-law rules of the state in which it is located (not the state law of the court transferring the case)
FQ
-> new court will apply its own court of appeals’ interpretation of law (not the appellate circuit of the transferring district court)
No PJ
-> a court lacking PJ over the D may transfer the case to a different venue
What is forum non conveniens?
It’s a common law doctrine which allows a court to dismiss an action - even when personal jurisdiction and venue are otherwise proper - if the court finds that the forum would be too inconvenient for the parties and witnesses, and that another, more convenient, venue is available
Who has the burden of proof regarding the forum non conveniens rule?
Burden generally on D, but if forum-selection clause designates a state or foreign court, burden shifts to P
