Venue

Question 1

Where is venue generally proper?

Answer 1

in the judicial district where any Defendant resides in the state where all defendant’s reside; OR where a substantial part of the events/omissions occurred; OR where the property that is subject of the action is located.

Question 2

residence

Answer 2

judicial district where D is domiciled.

Question 3

Transfer of venue

Answer 3

permitted to any district where the case might have been brought or to which all parties consent.

Question 4

Transfer: Diversity Jurisdiction

Answer 4

new district court must apply law from previous court, if the original venue was proper.

Question 5

Transfer: federal question

Answer 5

new district court in another appellate circuit will apply federal law as interpreted by its court of appeals, if the original venue was proper.

Question 6

Transfer: Diversity - Original Venue improper

Answer 6

district court to which the case is transfer applies the choice-of-law rules of the state in which it is located.

Question 7

Transfer: FQ - Original Venue improper

Answer 7

new court will apply its own court of appeals interpretation of law.

Question 8

Transfer - No personal jurisdiction

Answer 8

may transfer the case to a different venue because no PJ.

Question 9

Forum Non Conveniens

Answer 9

even if PJ and venue were otherwise proper - if the court finds that the forum would be too inconvenient for parties and witnesses and that another, more convenient, venue is available…court can dismiss the action

BOP on Defendant.

Question 10

Substantive Law

Answer 10

Elements of Claim or defense, SOL, or BOP are all considered substantive and will be controlled by state law.

Question 11

Procedural Law

Answer 11

Attorney’s fees. Controlled by federal law.