Venue Flashcards
In which judicial districts is venue proper in a federal civil action?
1) A judicial district in which any defendant resides, if all defendants reside in the same state in which the district is located.
2) A judicial district in which a “substantial part of the events or omissions” on which the claim is based occurred, or where a “substantial part of the property” that is the subject of the action is located.
What if there is no judicial district in which it seems proper to bring a federal civil action?
The “fall back” alternative is that venue is proper in a judicial district in which any defendant is subject to personal jurisdiction with respect to such action.
In which judicial district may a nonresident of the United States be sued?
A defendant who is not a resident of the United States may be sued in any judicial district.
When must one object to improper venue?
An objection to improper venue is automatically waived if not asserted in a timely manner, i.e., raised
- in a pre-answer motion to dismiss or
- in the first responsive pleading
Where is venue proper for a case that has been removed from state court?
Venue is proper in the federal district court in the district where the state action was pending. It is immaterial that venue would not have been proper under the general venue rule if the action had been brought initially in that district.
Where is venue proper for a case that has been removed from state court?
Venue is proper in the federal district court in the district where the state action was pending. It is immaterial that venue would not have been proper under the general venue rule if the action had been brought initially in that district.
What law is applied when a court transfers a case in a diversity proceeding?
In a diversity case, if the court transfers the case, then the district court to which the case is transferred must apply the law that would have been applied in the district court that transferred the case.
What law is applied when a court transfers a case in a federal question proceeding?
In a federal question case transferred to a district court in another appellate circuit, the district court to which the case is transferred must apply the federal law as interpreted by its federal Court of Appeals and not as interpreted by the federal Court of Appeals in which the district court that transferred the matter is located.
How do courts treat a forum selection clause in a contract?
If the clause specifies a federal forum, most circuit courts treat the clause as prima facie valid, to be set aside only upon a strong showing that transfer would be unreasonable and unjust or that the clause was invalid for reasons such as fraud or overreaching.
What happens when a venue in a case is improper?
If venue in a case is improper, then the district court must dismiss the case, or “if it be in the interest of justice,” transfer the case to any district or division in which the case could have been brought. If no timely objection is made to venue, then nothing prevents the district court from maintaining jurisdiction over the case.
What choice-of-law rules are applied when a diversity case is transferred due to improper venue?
In diversity cases transferred for improper venue, the district court to which the case is transferred applies the choice-of-law rules of the state in which it is located.
What choice-of-law rules are applied when a federal question case is transferred due to improper venue?
In federal question cases transferred for improper venue, the district court to which the case is transferred applies the interpretation of federal law by its Court of Appeals.
Can a court transfer a case when it did not have personal jurisdiction?
Yes
What is forum non conveniens?
This allows a court to dismiss an action if the court finds that the forum would be too inconvenient for parties and witnesses and that another, more convenient, venue is available.
