Venue Flashcards
28 USC ….. District Courts; Venue
(6 Relevant Sections)
§1390 - Scope
§1391 - Venue generally
§1397 - Interpleader
§1404 - Change of venue
§1406 - Cure of waiver of defects
§1407 - Multi-district litigation (MDL)
Scope of Venue
§1390
(3 elements)
Venue, Scope
(a) geographic specification
(b) exclusion of admiralty cases
(c) does not govern removal from state to federal, but does govern transfer between districts of cases removed
Venue in General
§1391(b)
A civil action may be brought in—
(1) a judicial district in which any defendant resides, if all defendants 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 the subject of the action is situated; or
(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 defendant is subject to the court’s personal jurisdiction with respect to such action.
For transfers under §1404 and §1406 - must do venue and PJ test for transferee district.
Venue…
§1391(c) - residency
§1391(d) - corp in state w/ multi districts
§1391(e) - US officer or employee
§1391(c) Residency:
1) individual = domicile
2) entity ▲ = any district with PJ; entity π = only PPB
3) ▲ non-resident = any district (does not affect joinder)
§1391(d) - corporations in states with multiple districts:
resides in any district in state where = PJ (PPB, Inc, sufficient contacts), and if not such contacts, district with most significant contacts
§1391(e) - ▲ is US or US officer, employee, agent
Civil action may be brought where
(1) a defendant resides,
(2) a substantial part of the events occurred (or substantial part of property is located), or
(3) where plaintiff resides, if no real property is involved.
Where officials are being sued in their individual capacity, not their official capacity, then 1391(b) applies, not (e) [Coltrane]
Interpleader
§1397
Interpleader: Any civil action of interpleader of this title may be brought in the judicial district in which one or more of the claimants reside.
Change of Venue
§1404
TRANSFER OR KEEP
Change of venue when venue is proper:
(a) for convenience and in the interest of justice, transfer to any district it could have been brought or that all parties consent to
- If all parties consent then PJ and venue concerns are waived
- A transfer request based on a FORUM SELECTION CLAUSE = no need for §1391 or PJ (PJ is fulfilled by consent to FSC)
Cure or Waiver of Defects
§1406
TRANSFER OR DISMISS
Cure or waiver of defects when venue is improper:
- transfer if in the interest of justice (Circus Circus)
- PJ, SMJ, venue test for transferee district
Venue Analysis
(6 elements)
- SMJ (if no smj then no federal court anyway)
- PJ
- Decide if venue is proper under §1391 or to remove/transfer (Burden of proving need for transfer lies on the moving party, consent of all parties not required) (Manley)
- venue (motion to transfer occurrs)
- Decide 1404 or 1406
- §1404 - transferor law controls
- §1406 - transferee law controls
- Analyse venue and PJ for transferee district
Motion to Dismiss for…
12(b)(3)
Motion to dismiss for (3) improper venue,
or transfer under §1406
Coltrane - transfer preferred because π is proceeding pro se. Awful prison case where π son died in custody in LA. She sued in DC.
Manley test for deciding transfer
(12 elements)
Pro se π given priority.
π choice given priority unless not in home state or not in a place where significant events that gave rise occurred.
TEST for deciding transfer:
- π choice of forum;
- Δ preference;
- where the claim arose;
- the convenience of the parties;
- convenience of witnesses, but only to extent that witnesses may be unavailable in a fora;
- the location of records and such that could not be produced in the alternative forum;
- enforceability of the judgement;
- practical considerations to make the trial easy, expeditious or inexpensive;
- relative court congestion in competing courts;
- the local interest in deciding local controversies at home;
- public policies of the fora;
- the familiarity of the trial judge with the applicable state law.
How to transfer to case brought in state court to another state…
- Remove to federal court
- §1404 (cannot be dismissed) (§1406 and §1391 do not apply)
Removal
§1441
1 big point!
Removal by ▲ from state to federal court in the district containing the state court. Venue is automatically proper.
No need for §1391(b) (venue requirements)
▲ is waiving objection to venue by removing.
