Venue

Question 1

Venue

Answer 1

Tells in which particular court in the court system the plaintiff can file. Its goal is to try the case in a court that’s reasonable and convenient to most of the people involved.

Question 2

Venue

28 U.S.C.§ 1391(b)

Choosing a Venue

Answer 2

1. A civil action can be brought in any judicial district the defendant lives in if all the defendants live in the same state or
2. A civil action can be brought in the judicial district where a major part of the action or omission happened, or if the dispute is about property, where a major part of the property is or
3. If 1 and 2 don’t apply, a civil action can be brought in any judicial district that has personal jurisdiction over the defendant

Question 3

Venue

28 U.S.C.§ 1391(c)

Residency

Answer 3

1. An individual lives where she is domiciled
2. A company resides in any judicial district that has personal jurisdiction over it
3. A foreign defendant can be sued in any judicial district, and if he is added as a joinder, his residence won’t factor into the venue analysis

Question 4

Venue

28 U.S.C. § 1391(d)

Residency of Corporations in States with Multiple Jurisdictions

Answer 4

If a state has multiple districts, a corporation resides in the district that would have enough contacts to exercise personal jurisdiction over the defendant if the district was a separate state. If no such district exists, the defendant is subject to personal jurisdiction in whichever district has the most contacts

Question 5

Venue

28 U.S.C.§ 1402

Specialized Statutes - Torts

Answer 5

Tort claims against the government can be brought where the plaintiff lives or where the tort occurred

Question 6

Venue

28 U.S.C.§ 1400(a)-(b)

Specialized Statutes - Copyright

Answer 6

Copyright and patent infringement have specialized venues

Question 7

Venue

42 U.S.C.§ 2000e-5(f)(3)

Specialized Statutes - Title VII

Answer 7

Title VII cases can be brought where the discrimination was committed, where the relevant employment records are, or where the employer worked. If the respondant is not found in any of these places, the suit can be brought in the judicial district where its principle office

Question 8

Venue

28 U.S.C.§ 1441(a)

Specialized Statutes - Removal

Answer 8

A defendant can only remove to a federal court in which the plaintiff could have filed the claim

Question 9

Venue

Transfers

Answer 9

A judge can only transfer cases within the same court system

Question 10

Venue

28 U.S.C.§ 1406

Wrong Venue

Answer 10

If a case is filed in the wrong venue, a judge can dismiss or transfers it to a proper court in the same court system in the interest of justice

Question 11

Venue

28 U.S.C.§ 1404(a)

Convenience

Answer 11

For the convenience of the parties and witnesses and in the interest of justice, a judge can transfer a case to any other district where the cause could have been brought or to a district all the parties consent to

Question 12

Venue

Forum Non Conveniens

Convenience Despite Proper Venue

Answer 12

Federal courts and most state courts have a common law right to transfer or dismiss cases even if they were filed in the proper venue