Venue Flashcards
Venue is . . .
WHICH federal court we go to
Plaintiff may lay venue in any district where
1) ALL defendants reside*, OR
2) A substantial part of the claim arose
*If all defendants reside in different districts in the same state, plaintiff can lay venue in a district in which ANY defendant resides
For venue, where does a defendant reside?
If human: in district where domiciled
If any business: in all districts where subject to personal jurisdiction for this case
What is the transferor court?
The original court
What is the transferee court?
The court to which the case is sent
Where can the transferor court transfer the case?
Only to a district where the case could have been filed, i.e., a court with proper venue and personal jurisdiction over the defendant
Exception: the court can transfer to any district (even if improper venue) if ALL parties consent and the court finds cause for the transfer
What do the transfer statutes say?
1) If the original district is a proper venue, that court can transfer based on convenience of the parties and witnesses in the interest of justice.
2) If the original district is an improper venue, that court can transfer in the interest of justice or dismiss
Is there ever a right to transfer?
No, it is always discretionary
Who is the burden on for transfer?
The person seeking the transfer. It overrides plaintiff’s choice of forum
What do courts consider when deciding whether to transfer?
Public and private factors showing the transferee is the center of gravity.
What are the public factors that are considered for transfer?
What law applies; what community should be burdened with jury service; the desire to keep a local controversy in a local court
What are the private factors that are considered for transfer?
Convenience (e.g., where the evidence is; where the witnesses are). Also, is there a valid forum selection clause in a contract?
What is forum non conveniens?
The court either dismisses or stays the case because there is another court in a different judicial system that is the center of gravity.
IT IS NOT TRANSFER!
What does it mean to stay?
The case is held in abeyance and nothing happens
How does the court determine what to do with forum non conveniens?
Uses same public and private factors as for transfer, but with a stronger showing because of the harsher result.
1) If plaintiff is a resident of the forum, this almost never happens
2) The other court must be available and adequate (meaning, plaintiff will have her day in court)
