Venue and Choice of Law

Question 1

What is the general Venue rule for federal court?

Answer 1

Venue is proper:
1. In the district where any defendant resides OR
2. In the district where a substantial part of the events occurred

Question 2

For venue purposes, where is a corporation said to “reside?”

Answer 2

In any federal district where the corporation would meet the requirements for personal jurisdiction.

Question 3

Name some special venue cases

Answer 3

1. Case against a federal official-where the plaintiff or defendant resides OR where events occurred
2. Federal Tort Claims Act–where the plaintiff resides OR where events occurred
3. Case removed from state court–in the Federal district where the state court is located

Question 3

When can a court transfer venue where venue is already proper?

Answer 3

For the convenience of the parties and witnesses or in the interests of justice.

Question 4

What law applies when a transfer of venue occurs when venue was proper?

Answer 4

Diversity-law of transferor court
Federal question-law of tranferee court

Question 4

When venue is improper, what are the court’s options?

Answer 4

Dismiss or “in the interest of justice” transfer to a proper court.

Question 4

In diversity cases, what law applies?

Answer 4

Substantive issues–State law–Elements of a claim, Limitations and tolling, Burden of proof
Procedureal issues–Federal law–