Venue Flashcards
What covers venue generally?
§1391
Where can ∆(s) lay venue?
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)
Where can π(s) lay venue?
Any district where a substantial part of the claim arose (can be more than 1 district)
§1391(b)(2)
What is the fallback provision?
Only applies when there is no district anywhere in the USA that doesn’t meet the other two choices
Where do people reside?
Any district where they are domiciled
§1391(c)
Where does an entity (corp. or non incorp.) reside?
If ∆, any district that has PJ over them
If π, resides in district with PPB
§1391(c)
What codes deal with transfer of venue? (2)
§1404
§1406
What is the original court called?
Transferor
What is the court we are transferring to called?
Transferee
What courts can we transfer to?
Same Judicial System:
State to other district in same state
Federal to Federal
Can a state court transfer to a federal court and vice versa?
NO
Under both 1404 and 1406, what is required from both courts?
The transferee must be a proper venue and have PJ over the ∆
Where can a 1404 transfer occur?
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
When is 1404(a) used?
When the transferor district is a proper venue
Where can a 1404(a) transfer take place?
Transfer to any district based on the convenience of the parties, witnesses, and based on the interest of justice
What public factors will the court consider for a 1404(a) transfer? (2)
(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
What private factors will the court consider for a 1404(a) transfer?
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
What are Forum Selection Clauses and what do they do? (Atlantic Marine)
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
When is a 1406(a) transfer used? What 2 options does the court have?
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
What is forum non conveniens?
A dismissal on the grounds that there is a more convenient forum where this case can be heard
Why doesn’t a court just transfer a case if it is a forum non conveniens?
Dismissal because transfer is impossible because a court is in a different judicial system
What is an example of forum non conveniens?
Dismissal because the most convenient forum is a foreign court
Will we always dismiss a case for forum non conveniens?
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
What factors are considered for a forum non conveniens?
Same public and private factors they consider under a 1404(a) transfer
