Venue

Question 1

Where may plaintiff lay venue?

Answer 1

1. Any district where ALL defendants reside;
2. The district of any D IF all Ds reside in same state; OR
3. Where a substantial part of the claim arose

Question 2

Where do defendants reside for venue purposes? (People) (Business)

Answer 2

People: where P is domiciled

Business (corporation or non-incorporated): in all districts where the business is subject to personal jurisdiction for the case

Question 3

Where can venue be transferred to?

Answer 3

Anywhere the case could have originally been filed

Question 4

What are the two transfer statutes?

Answer 4

Proper venue

Improper venue

Question 5

When will a court transfer venue if venue is proper?

Answer 5

Public factors:

1. applicable law;
2. community to burden with jury service; and
3. keep local controversy in local court.

Private factors:

1. where evidence and witnesses are; and
2. Forum selection clause (almost always respected)

Question 6

When can the court transfer to an improper venue?

Answer 6

Only when:

1. all parties consent AND
2. the court finds cause for transfer

Question 7

What may a court do if venue is improper?

Answer 7

It may:

1. transfer in the interest of justice, OR
2. Dismiss

Question 8

What is forum non conveniens?

Answer 8

1. A different court makes more sense than the current court (center of gravity); OR
2. That other court is in a different judicial system (foreign country)

NO TRANSFER: May stay proceedings or dismiss

Question 9

What factors do the court consider when deciding on forum non conveniens?

Answer 9

Public factors:

1. applicable law;
2. community to burden with jury service;
3. keep local controversy in local court

Private factors:

1. where evidence and witnesses are (Almost never granted if P is resident of the present forum)
2. The other court must be available and adequate (which means P will get day in court–bad tort court fine)