Venue

Question 1

What covers venue generally?

Answer 1

§1391

Question 2

Where can ∆(s) lay venue?

Answer 2

Any district where all ∆s reside.

Residence for individual is district where domiciled.

Residence for business is all districts where a business is subject to PJ

§1391(b)(1)

Question 3

Where can π(s) lay venue?

Answer 3

Any district where a substantial part of the claim arose (can be more than 1 district)

§1391(b)(2)

Question 4

What is the fallback provision?

Answer 4

Only applies when there is no district anywhere in the USA that doesn’t meet the other two choices

Question 5

Where do people reside?

Answer 5

Any district where they are domiciled

§1391(c)

Question 6

Where does an entity (corp. or non incorp.) reside?

Answer 6

If ∆, any district that has PJ over them

If π, resides in district with PPB

§1391(c)

Question 7

What codes deal with transfer of venue? (2)

Answer 7

§1404

§1406

Question 8

What is the original court called?

Answer 8

Transferor

Question 9

What is the court we are transferring to called?

Answer 9

Transferee

Question 10

What courts can we transfer to?

Answer 10

Same Judicial System:

State to other district in same state

Federal to Federal

Question 11

Can a state court transfer to a federal court and vice versa?

Answer 11

NO

Question 12

Under both 1404 and 1406, what is required from both courts?

Answer 12

The transferee must be a proper venue and have PJ over the ∆

Question 13

Where can a 1404 transfer occur?

Answer 13

Any district in US as long as the parties agree and the court thinks transfer is a good idea

Disclaimer: π usually won’t agree to this

Question 14

When is 1404(a) used?

Answer 14

When the transferor district is a proper venue

Question 15

Where can a 1404(a) transfer take place?

Answer 15

Transfer to any district based on the convenience of the parties, witnesses, and based on the interest of justice

Question 16

What public factors will the court consider for a 1404(a) transfer? (2)

Answer 16

(1) Which court ought to be burdened with this case

(2) Does it make more sense for this court to hear the case because that state’s laws are going to apply anyway

Question 17

What private factors will the court consider for a 1404(a) transfer?

Answer 17

Is transferee court the center of gravity?

(1) That is where the witnesses are
(2) That is where all the events took place
(3) It would make more sense to litigate in that district

Question 18

What are Forum Selection Clauses and what do they do? (Atlantic Marine)

Answer 18

Clause in a contract that says any dispute arising out of the contract must be heard in a specific court

Very persuasive since it shows private factors have been met

Question 19

When is a 1406(a) transfer used? What 2 options does the court have?

Answer 19

When the original federal court is an improper venue

If there is another federal court that is a proper venue, a court will almost always transfer rather than dismiss the case

Question 20

What is forum non conveniens?

Answer 20

A dismissal on the grounds that there is a more convenient forum where this case can be heard

Question 21

Why doesn’t a court just transfer a case if it is a forum non conveniens?

Answer 21

Dismissal because transfer is impossible because a court is in a different judicial system

Question 22

What is an example of forum non conveniens?

Answer 22

Dismissal because the most convenient forum is a foreign court

Question 23

Will we always dismiss a case for forum non conveniens?

Answer 23

No, the foreign court must be adequate and available. Court won’t dismiss and leave a π with no court at all

Disclaimer: Adequate does not mean that a π will recover the same remedies in a foreign court

Question 24

What factors are considered for a forum non conveniens?

Answer 24

Same public and private factors they consider under a 1404(a) transfer