Venue Flashcards
Venue tells us what?
Which court
A plaintiff may lay venue in any district where . . . (2)
All D’s reside OR
A substantial part of the claim arose.
A plaintiff may lay venue in any district where All D’s reside OR a substantial part of the claim arose. Do these choices apply in a removal case? Explain
No.
In a removed case, venue was set in the district that embraced the state court.
For venue, does it matter where P resides?
No
What is the special rules when all D’s live in one state, but are scattered?
P can lay venue in the district in which ANY D resides.
Where does a human being reside for venue purposes?
District of domicile
Where does a business reside for venue purposes?
All districts where subject to PJ for this case.
Can a fed district court transfer to another fed district court?
Yes
What is the restriction on a fed court’s ability to transfer?
Can only transfer to a district where the case COULD have been filed.
What two things must be true of a transferee court?
Must be a proper venue
Must have J over the D.
P sues D in the District of MN. D moves to transfer the case to the district of Hawaii. There is no PJ in Hawaii and venue is improper, but D is willing to waive those matters. Can the case be transferred?
No. Transfer must be proper WITHOUT waiver.
When and only when can a court transfer to an improper venue? (2)
All parties consent (unlikely that P will)
Court finds cause for transfer
Is there ever a right to transfer?
No always discretionary
Because transfer overrides P’s choice of forum, the burden is on the D to show that transfer is proper. What factors will court consider?
Private and public factors showing that the transferee court is the center of gravity.
A court always/usually/rarely/never defer to a forum selection clause in a k.
Usually
