Venue (Module 7) Flashcards
Venue
Determines in which fed. district the case may be brought
Determining Proper Venue
1) Residential Venue
- district in which any defendant resides if all defendants reside in the same state
2) Transactional Venue
- where a substantial part of the claim or a substantial part of the property involved in action sits
3) If no court satisfies one or two above, then can use any court in which D is subject to PJ
Residency for Venue Purposes
People - domicile
Entity/Corp - in all districts where it is subject to PJ for the case
Transfer from Proper Venue - Factors Court Considers
Court can order transfer if moving part can show:
1) convenience to parties and
2) in the interest of justice
- other court is the “center of gravity for the case”
Transfer From Proper Venue - Effect on Choice of Law
The transferee court will apply the choice of law rules from the transferor court’s state (unless transfer is bc of a forum selection clause)
Transfer from Proper Venue - Forum Selection Clause
If one party sues in violation of the FSC, D can seek to enforce via motion to transfer
Federal court can enforce FSC even if the state court in that forum state would not by law
Court will enforce FSC if:
1) it’s not unrxble
2) it’s not inconvenient to both parties
When transfer is to enforce FSC, the transferee court will apply its OWN state’s choice of law rules
Transfer from Improper Venue
Court can either choose to transfer in the interest of justice or dismiss
If a diversity case is being transferred for improper venue, transferee court applies its state’s choice of law rules (P doesn’t get to benefit from filing in improper forum)
Forum non Conveniens
Courts can only transfer to other courts in their own judicial system; so if the court that’s the “center of gravity” for the case is outside that, the court will either stay or dismiss the case
Court evaluates based on same public interest and convenience factors as for venue transfer;
The other court must be available and adequate
