Venue

Question 1

General venue

Answer 1

venue is proper in a judicial district where… ==> D based or subject based

1. **Events based Or Property based ** a substantial portion of the events occurred or a substantial part of the property at issue is located or
2. Residency based: any defendant resides—==> but only if all defendants reside in the same state
3. PJ over ANY D forum where any defendant is subject to the court’s personal jurisdiction (SOP; Consent; Spec; Gen) —but only if venue cannot be established under the above provisions.

Question 2

Special venue rules

Answer 2

Removal : Federal district where state action was pending
==> essentially by removing D is consenting

Foreign resident: Any judicial district

Federal official sued in official capacity:
-Where defendant resides
-Where substantial events occurred or property is located
-Where plaintiff resides if no real property is involved in suit

Foreign government:
-Where substantial events occurred or property is located
-In federal district court of Washington, D.C.

Multiparty, multiforum litigation
-Where defendant resides
-Where substantial part of accident occurred

Federal Tort Claims Act
-Where plaintiff resides
-Where act/omission occurred

Question 3

When is transfer proper

Answer 3

a district court with proper venue can transfer venue for the convenience of parties and witnesses, and in the interest of justice, to any judicial district
(1) where the suit could have been originally brought or
(2) to which all the parties have consented.

Can be prompted by a request from D

Question 4

Remand v transfer

Answer 4

Although a federal district court may remand an action to state court that has been removed to federal court, a federal district court lacks the power to transfer an action to state court that was not initiated there.

Question 5

What happens when venue is improper

Answer 5

When venue is improper, the federal court must either
(1) dismiss the lawsuit or
(2) transfer it to a federal court with proper venue

Question 6

Removal

Answer 6

**Any civil action commenced in a state court that is within the original jurisdiction of a U.S. district court may generally be removed **by the defendant to the district court for the district and division in which the state court action is pending.

Question 7

Forum Selection

Answer 7

Given weight in response to motion to transfer (not motion for improper venue)

Question 8

COL x Transfer

Answer 8

When venue is transferred between federal districts, the original court’s choice-of-law rules apply when
(1) proper venue existed in the original court and
(2) subject-matter jurisdiction arises under diversity jurisdiction.