Venue

Question 1

Venue may be brought in any district in which any D resides. For this purpose what is residency?

Answer 1

1) for a person, any place of domicile or residency
2) for an entity, whether or not incorporated, the D has residency in any place that entity is subject to personal jurisdiction with respect to the civil action and if a P, the judicial district in which it maintains its principal place of business
3) for non US residence, any judicial district. Any joinder of such D shall be disregarded

Question 2

If a corporation D has is subject to personal jurisdiction in more than one judicial district then…

Answer 2

It shall be deemed to reside in any district in that State within which its contacts would be sufficient or most significant to subject it to personal jurisdiction if that district were a separate state

Question 3

Where may actions against an officer or employee of the US be brought?

Answer 3

In any district where a D in the action resides or where a substantial part of the events or omissions giving rise to the claim occurred. If property is subject of the action then where a substantial part of it is located. Or where the P resides unless real property is involved.m

Question 4

Where may a civil action be brought if there are multiple parties?

Answer 4

Any district in which any D resides or which substantial part of the accident giving rise to the action took place

Question 5

Where may a civil action be brought against a foreign state?

Answer 5

1) Where a substantial part of the events giving rise to the claim occurred/ or substantial part of the property is located
2) or where the vessel or cargo of foreign state is located
3) where the agency is licensed to do business or is doing business
4) in the US District Court for the District of Columbia if the action is brought against a foreign state or political subdivision thereof

Question 6

Where may a civil action be brought?

Answer 6

1) a judicial district in which D resides, if all Ds are residents of the state in which the district is located
2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is subject of the action
3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any D is subject to the court’s personal jurisdiction with respect to such action

Question 7

Forum non coveniens

Answer 7

Results is dismissal if a foreign country is more appropriate or in state courts if another state is more appropriate

Question 8

Whether venue is wrong or improper depends on?

Answer 8

Whether the court in which the case was brought satisfies the requirements of federal venue laws, and those provisions say nothing about a forum selection clause

Question 9

Does a forum selection clause render a venue wrong or improper?

Answer 9

No, but the clause may be enforced through a motion to transfer for:

• convenience of the parties
• in the interest of justice

Question 10

Does where the case might have been brought or consented to condition transfer on initial forum being wrong

Answer 10

No

Question 11

Transfer

Answer 11

results in transfer to a more appropriate forum (another judicial district)

P does not need to file a new claim