Venue

Question 1

Venue

Answer 1

Region (judicial District within a particular state where suit can be brought.

Question 2

Venue is dictated by:

Answer 2

(1)residency of defendant(s), (2)location of events giving rise to the suit, or
(3)if and only if the venue is not proper under the first two locations, where at least one defendant is subject to PJ (“gap filler”).

Question 3

Residency

Answer 3

If all defendant’s reside in the same state = district where any single defendant resides.
Humans reside where they live.
All other defendants (corporations, partnerships, etc.) reside in every district in which they are subject to PJ for that suit.

Question 4

Location of Events

Answer 4

• The plaintiff can also lay a venue in the district where 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.
• If the defendants reside in multiple states, then the proper venue will always be at the location of harm.

Question 5

Transferring Venue

Answer 5

Can move a case between federal courts, but not state or foreign courts.

Question 6

Convenience (commonly used)

Answer 6

If the case could have been filed there in the first place and transfer is necessary for the convenience of the parties and/or witnesses.

Question 7

Agreement

Answer 7

If all parties join the request to transfer, the court does not need to consider PJ or venue (if they agree they are consenting).

Question 8

Interest of justice

Answer 8

If the case was filed in an improper venue, the court can dismiss the case or in the interest of justice, transfer it where it could have been filed originally.

Question 9

Forum non conveniens

Answer 9

If the most convenient forum is not in the US, the court cannot transfer the case, but can dismiss it without prejudice so the plaintiff can refile in the proper country. This may not be in the US. The same factors are considered as in the transfer of venue.