Venue

Question 1

Proper Venue

Answer 1

Venue proper

1. In judicial district where any D resides if all Ds reside in some state
2. Judicial district in which substantial part of events or omissions giving rise to claim occurred, or substantial part of property that is subject of action is situated
3. If there is no district in U.S. satisfying (1) or (2) judicial district in which any D is subject to personal jurisdiction with respect to the action

Question 2

Venue waivable

Answer 2

Improper venue may be waived

Considered waived unless timely objection made as to improper venue

Question 3

Transfer of Venue

Answer 3

If venue proper, court may still transfer for convenience of the parties or witnesses to any court if it could have originally been filed in (transferee subject matter jurisdiction, personal jurisdiction, proper venue)

Question 4

Forum non conveniens

Answer 4

Fed court may stay or dismiss action under forum non convenient where Transfer is from/to another judicial system

Question 5

Applicable Law upon transfer

Answer 5

Original venue proper: apply law or State of transferor

Original venue improper: apply law of state of transferee

Question 6

Original venue improper

Answer 6

Court must dismiss or in the interests of justice transfer case to venue in which it could be brought

Transfer more appropriate than dismissal

Personal jurisdiction not required to transfer