Venue, Transfer, and Forum Non Conveniens

Question 1

P may lay venue in any district where . . . (2)

Answer 1

1. All defendants reside
2. A substantial part of the claim arose

Question 2

What if there are 2 Ds, and they reside in different states?

Answer 2

Can only file in a district where a substantial part of the claim arose

Question 3

What if there are 2 Ds, and they reside in different districts but in the same state?

Answer 3

Venue is gucci in any district in the FORUM state where a D resides

Question 4

When do venue rules apply?

Answer 4

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)

Question 5

For venue, does it matter where P resides?

Answer 5

Fuck no

Question 6

If D does not reside in the US, where is venue ok?

Answer 6

Any federal district

Question 7

Residence Rules for Individual

Answer 7

Domicile

Question 8

Residence Rules for Businesses (3)

Answer 8

1. Incorporation
2. PPB
3. Any place the corp would be subject to PJ

Question 9

Where do you go when you transfer?

Answer 9

Goes from one trial court in a judicial system to another trial court in the SAME judicial system

Question 10

Transfer Terminology

Answer 10

OG Court is the transferor
New Court is the transferee

Question 11

Transferee Rule

Answer 11

Transferee must be a proper venue and have PJ over the D – generally must be true without waiver from D

Question 12

Transferee Statute #1 Exception

Answer 12

The court can transfer to ANY district (even an improper venue) if ALL parties consent and the court finds cause to transfer

Question 13

Transfer Statute # 1

Answer 13

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

Question 14

Because you are overriding P’s venue choice, who holds the burden of seeking transfer?

Answer 14

Party seeking transfer (usually D)

Question 15

What Factors does a Court look at in deciding whether to transfer?

Answer 15

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

Question 16

Choice of Law Rules

Answer 16

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

Question 17

Forum Selection Clause

Answer 17

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

Question 18

Transferee Rule 2

Answer 18

If the original district is an improper venue the court may transfer and dismiss –> new venue choice of law rules apply