Venue

Question 1

What is the basic idea of venue?

Answer 1

Venue tells us exactly which federal court where the case can be heard.

Question 2

What are P’s basic choices of venue?

Answer 2

P may lay venue in any district where:

• • all defendants reside* (special rule also applies) or
• • a substantial part of the claim arose.

Question 3

What SPECIAL RULE applies to the options to have venue in any district where all defendants reside?

Answer 3

in cases where all defendants reside in different districts of the same state, plaintiff
can lay venue in the district in which any of them resides

Question 4

Wayne Newton (D. Nev.) sues D-1 (N.D. Ca.) and D-2 (C.D. Ca.). Where would proper venue be?

Answer 4

So here P could sue both Ds in N.D. Ca. OR C.D. Ca.

Question 5

P (D. Kan.) sues D-1 (E.D. Ca.) and D-2 (D. Colo.) for $200,000 for breach of contract occurring in the N.D. VA. What are proper venues? Why?

Answer 5

One choice: any district where all defendants reside. Whats wrong? There is no such district. cannot meet it on these facts

Another choice: any district where a substantial part of claim arose.
Here it would be the N.D. VA.

Question 6

Where do defendants “reside” for venue purposes for a person?

Answer 6

In the district where domiciled

Question 7

Where do businesses (corporation or unincorporated) reside?

Answer 7

In all districts where subject to personal jurisdiction for this case.

Question 8

Can a federal district court transfer the case to another federal district court?

Answer 8

Yes

Question 9

What are the only federal courts that the transferring federal court can transfer to?

Answer 9

The transferring court can only transfer to a district where case could have been filed.

Question 10

What does it mean that The transferring court can only transfer to a district where case could have been filed?

Answer 10

The transferring court can only transfer the case to a proper venue that has personal jurisdiction over the defendant.

Question 11

What is the only exception for the rule that The transferring court can only transfer the case to a proper venue that has personal jurisdiction over the defendant?

Answer 11

Only way around it is if all the parties agree to go to another federal court that did not have PJ over the defendant.

Question 12

If venue in original district is proper, that court has discretion to transfer to another
district, based on what?

Answer 12

1) convenience for the parties and witnesses and

2) “the interests of justice.”

Question 13

Do courts like to transfer venue at their discretion? Why or why not?

Answer 13

No, because transfer overrides P’s choice of forum.

Question 14

In deciding whether to transfer, what factors does the original district court look to?

Answer 14

Public and private factors showing that the other court is the center of gravity.

Question 15

What are public factors the court looks at as it pertains to transfer?

Answer 15

things like what law applies, what community should be burdened with jury
service, keeping local controversy in the local court.

Question 16

What are private factors the court looks at as it pertains to transfer?

Answer 16

convenience – where are the witnesses and the evidence?

Question 17

What rules does the transferee court apply?

Answer 17

the choice of law rules of the original court.

Question 18

What options does the original district court have if venue is improper?

Answer 18

The court may transfer in the interests of justice or dismiss the case.

Question 19

What is forum non-conveniens?

Answer 19

there is another court in a different judicial system that is far more sensible than the present one

Question 20

What are the only options that a court has for forum non-conviens?

Answer 20

it dismisses or stays the case.

Question 21

Why does the court dismiss or stay?

Answer 21

Because transfer is impossible – the more convenient court is in a different judicial system (e.g., a foreign country).

Question 22

What is the decision to dismiss or stay the case based on for Forum Non Conveniens?

Answer 22

Public: things like what law applies, what community should be burdened with jury
service, keeping local controversy in the local court.
– Private: convenience – where are the witnesses and the evidence?
(same factors for transfer)

Question 23

What kind of showing is required for forum non conviens? Why?

Answer 23

a very strong showing since this results in dismissal or stay.

Question 24

When is forum non conviens dismissal almost never granted?

Answer 24

if P is resident of the present forum.

Question 25

For forum non conviens the other court must be what?

Answer 25

The other court must be “adequate”

Question 26

P’s recovery in most foreign courts will not be as large as in American courts. Does that matter in terms of adequacy?

Answer 26

It is not determinitive

Question 27

How is adequcy measured for forum non conviens?

Answer 27

Does P get his day in court?

Question 28

What does adequacy not guarantee for forum non conviens?

Answer 28

Adequacy does not guarantee the same remedies