Venue

Question 1

Venue:

Where is venue proper?

Answer 1

1) Any district where all Ds reside; OR
2) Any district where a substantial part of the claim arose or where property in dispute is located.
3) if the above two do not apply, then venue is where any D is subject to personal jx

X = If D does not reside in the U.S., venue is proper in any district
X = If all Ds reside in the same state, P can lay venue in the district where any D resides.

Question 2

Venue:

Where does a corporate D reside?

Answer 2

In all districts were the corporation is subject to PJ for this case.

Question 3

Venue:

Where may a federal court transfer a case?

Answer 3

To a district where the case could have been filed.

Note: venue must have been proper there without relying on waiver by the D.

X = all parties consent AND court finds cause for transfer

Question 4

Venue:

When may a federal court transfer a case?

Answer 4

If original district a proper venue, court can order transfer based on the convenience of the parties and witnesses and the interests of justice [apply factors]

If original district is improper —> court can transfer in the interests of justice or dismiss.

Question 5

Venue:

Factors to consider for transfer

Answer 5

Public: what law applies, what community should be burdened with jury service, desire to keep local controversy in local court

Private: Where the evidence and witnesses are

Question 6

Venue:

Forum Non Conveniens

Answer 6

Only applies when other court that is the “center of gravity” is in a different judicial system.

Federal court will dismiss or stay, using same factors used for transfer (Limit: other court must be available and adequate).

Question 7

Forum Selection clauses

Answer 7

Enforced by means of motion to transfer unless public interest factors weight against it

Question 8

If venue is transferred, what state’s law applies?

Answer 8

If venue was laid in a proper court and the case was transferred based on convenience, the law of the state where the transferor court sits apply.

X: if transfer is to enforce forum selection clause (regardless of whether venue was initially proper) or if the venue was originally improper, then law of state where transferee court sits applies.