Venue

Question 1

Rules

Answer 1

1391, 1404; 1406

Question 2

Where can venue be laid?

Answer 2

in any district where defs resides. if all from same state, in nay district where one of them resides (aka is domiciled)

• in any district where substantial part of claim arose
• FALLBACK: if claim arose out of US and non US citizens - venue proper in any district

Question 3

How to establish residency

Answer 3

1. Natural persons reside in district they are domiciled
2. Business entity: any district that has PJ or where PPOB sits
3. Non US - proper in any US district

Question 4

Transfers can only happen within

Answer 4

Courts of same judicial system, but can cross state lines

Question 5

Transfer standards generally

Answer 5

• transferee court must be a proper venue and have PJ over the defendant

Question 6

1404 transfer standards

Answer 6

may transfer to any district where all parties agree and court thinks transfer is a good idea (based on convenience of the parties/witnesses and in the interest of justice)
- weighing public v. private factors

Question 7

Why is forum selection clause important in terms of venue?

Answer 7

shows all private factors have been met - very persuasive then
Atlantic Marine

Question 8

1406 transfer standards

Answer 8

original federal court is an improper venue

court either may dismiss or transfer in interest of justice

Question 9

public v. private factors

Answer 9

public: what court ought to be burdened with this? or something like if state law will be applied, maybe it makes more sense there
private: where are witnesses, evidence, etc.

Question 10

Forum Nonconveiniens

Answer 10

• court dismisses bc another court makes more sense. cannot transfer bc transfer is impossible.
• weighs public and private factors
• crucial foreign court be available and adequate - we won’t leave P with no forum at all (adequate does not mean same remedies recoverable)

Piper