Venue Flashcards
Describe the three ways to establish Venue
Under 28 U.S.C. § 1391 (b), a civil action may be brought in (1) a judicial district in which any defendant resides, if all defendants reside in the same state; or (2) where a substantial part of events giving rise to the claim occurred or where a substantial part of property subject of the action is situated; or (3) if no district is proper under (1) or (2) above, then venue lies in any judicial district where any defendant is subject to personal jurisdiction at the time suit is filed.
Describe the requirements to transfer Venue
Under 28 U.S.C. § 1404(a), for the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district where it might have been brought or to any district or division to which all parties have consented.
Describe the Cure or Waiver of Venue
Under 28 U.S.C. § 1406(a), the district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.
Describe Forum Non Conveniens
If the more convenient appropriate forum lies outside the United States, the only remedy is a forum non conveniens dismissal with opportunity for plaintiff to file the claim elsewhere.
A trial court may not dismiss on forum non conveniens grounds unless an adequate alternative forum exists:
Adequacy of Alternative Forum: Defendant has burden of proving availability of such forum. Requires assessment of whether defendants are subject to service of process, whether alternative forum will actually hear the case, and whether jurisdiction lies over defendant. Alternative forum laws must provide plaintiff a reasonable opportunity to present case and an appropriate remedy.
Public/Private Factor Balancing: Once adequacy of alternative forum is established, Court will weigh certain public and private factors to determine whether to grant defendant’s motion forum non conveniens motion.
