Venue Flashcards
1
Q
Venue - Concept
A
Proper or possible place where procedure takes place - specific district court
2
Q
Venue - Grounds for proper venue (3)
A
1) Residence of D within forum district
2) Location of event or property that are substantial part of action
3) If not other proper district - any district where court has PJDX over D
3
Q
Venue - Grounds for proper venue - Residence Rules when D is a corporation (3)
A
1) State of incorporation
2) “Nerve center” = ppal place of business
3) “muscle center” = where most activities are performed
4
Q
Venue - Consequences of filing at improper venue (2)
A
1) Court can transfer case to another court
OR
2) Dismiss complaint
5
Q
Venue - “Forum non-conveniens” - gral
A
- Proceeds even when venue is proper
- Case is transferred to another district court with proper venue
- Bc of compelling reason by sua ponte or by motion (heavy burden on D to achieve) - i.e. calendar congestion