Venue

Question 1

What is the general federal venue statute?

Answer 1

1391

Question 2

Where is venue proper under 1391(a)?

Answer 2

any district where a defendant lives IF all defendants live in the same state

Question 3

Where do defendants “live” for purposes of 1391(a)?

Answer 3

Individuals = domicile
Corporations = any jurisdiction where they are subject to personal jurisdiction

Question 4

Where is venue proper under 1391(b)?

Answer 4

any district with substantial amount of evidence or property

Question 5

Explain the circuit split regarding “substantial amount of evidence or property”

Answer 5

1st cir = uses a holistic approach to creating historical predicate and then drawing on which events are sufficiently connected to the litigation

8th cir = only put D-initiated and disputed actions on the list, and then everything on the list is substantial

Question 6

Where is venue proper under the 1391(c) and when can we use it?

Answer 6

Fall Back provision: only use where 1391(a) or (b) won’t work. Venue is proper where defendant is subject to PJ

Question 7

What two statutes allow us to challenge venue?

Answer 7

1404 and 1406

Question 8

How do we transfer venue?

Answer 8

1404 allows us to change venue even if the original venue was sufficient so long as the proposed venue would also be appropriate. It is up to the court’s discretion.

Question 9

What if venue is improper?

Answer 9

Look to 1406 and the court can either transfer to a proper venue or dismiss it if no proper venue exists (go to state court)

Question 10

How do courts decide whether to transfer when original venue was proper?

Answer 10

Gilbert Test:

1. private interests
2. public interests

Question 11

List the Gilbert Test private interests - is it good for the parties?

Answer 11

1. P’s choice, unless the balance of convenience is strongly in favor of D
2. D’s choice of forum
3. whether the claim arose elsewhere
4. the convenience of the parties
5. convenience of the witnesses
6. ease of access to sources of proof

Question 12

List the Gilbert Test Public interests - is it good for the court system?

Answer 12

1. the transferee’s familiarity with the governing laws
2. the relative congestion of the calendars of the potential transferee and transferor courts, and
3. the local interest in deciding local controversies at home

Question 13

What is the Forum Non Conveniens Rule

Answer 13

A common law doctrine that applies where even though the case is in the proper venue, it’s still just inconvenient to hear the case there so we dismiss it