Venue & Transfer Flashcards
where do corporate defendants “reside” for venue purposes?
all districts where they are subject to the court’s PJ
where is venue generally proper?
plaintiff may lay venue in any district where…
1) all defendants reside, or
2) a substantial part of the claim arose or substantial part of property involved is located
**NOTE = this DOESN’T apply if the case is removed from state court to fed court
where do individual defendants “reside” for venue purposes?
the federal district where they are domiciled
what is “transfer”?
going from one trial court in a judicial system to another trial court in the same judicial system
who is the “transferor”?
the original court
who is the “transferee”?
the new court
what are the 2 requirements for there to be a valid transferee court?
1) must have proper venue, and
2) must have PJ over the defendant
**NOTE = must be true w/o waiver by defendant
what is the burden for a transfer from a PROPER venue?
burden is on the person seeking transfer (argues based on convenience, witnesses, interests of justice)
what is the impact of a transfer from a PROPER court on choice of law?
the transferee court applies the choice of law rules of the transferor court
what is the effect of a transfer to enforce a valid forum selection clause?
the transferee court will apply its OWN choice of law rules
what factors are considered for transfer when there is a valid forum selection clause?
only public interest factors (not private) – ie = what law applies, what community should be burdened with jury service, desire to keep local actions in local courts
what factors are considered for transfer from a PROPER court?
BOTH public and private factors
- public = what law applies, what community should be burdened with jury service, desire to keep local actions in local courts
- private = convenience (where defendants and evidence are found)
what are the court’s options when transfer is from an IMPROPER venue?
court may either (1) transfer in the interest of justice OR (2) dismiss the case
** NOTE = courts usually transfer if possible
what is the effect of transfer from an IMPROPER venue on choice of law?
transferee court applies its own choice of law rules
when does forum non conveniens (FNC) apply?
when another court is the center of gravity for the case BUT the court cannot transfer to that court because that court is in a different judicial system
