Venue, Transfer, and Forum Non Conveniens Flashcards
P may lay venue in any district where . . . (2)
- All defendants reside
- A substantial part of the claim arose
What if there are 2 Ds, and they reside in different states?
Can only file in a district where a substantial part of the claim arose
What if there are 2 Ds, and they reside in different districts but in the same state?
Venue is gucci in any district in the FORUM state where a D resides
When do venue rules apply?
Only for cases initially filed in a federal court, if the case is REMOVED from state to federal, removal rules apply (fed court that embraces the state court)
For venue, does it matter where P resides?
Fuck no
If D does not reside in the US, where is venue ok?
Any federal district
Residence Rules for Individual
Domicile
Residence Rules for Businesses (3)
- Incorporation
- PPB
- Any place the corp would be subject to PJ
Where do you go when you transfer?
Goes from one trial court in a judicial system to another trial court in the SAME judicial system
Transfer Terminology
OG Court is the transferor
New Court is the transferee
Transferee Rule
Transferee must be a proper venue and have PJ over the D – generally must be true without waiver from D
Transferee Statute #1 Exception
The court can transfer to ANY district (even an improper venue) if ALL parties consent and the court finds cause to transfer
Transfer Statute # 1
If the original district is a PROPER venue, that court can order transfer based on convenience of parties and witnesses and in the interest of justice
Because you are overriding P’s venue choice, who holds the burden of seeking transfer?
Party seeking transfer (usually D)
What Factors does a Court look at in deciding whether to transfer?
Public: What state law applies, what community should be burdened with jury service, the desire to keep local controversies in a local court
Private: where witness and evidence are found
Choice of Law Rules
If the first venue was proper, the choice of law rules of the first forum will be applied
If the first venue was improper, the choice of law rules in the proper forum will apply
Forum Selection Clause
A provision in which the parties agree that a dispute between them will be litigated in a particular place
SC ENFORCES (if future D agrees he has waived PJ rights)
Choice of law rules of selected forum will apply
Transferee Rule 2
If the original district is an improper venue the court may transfer and dismiss –> new venue choice of law rules apply
