Venue, Transfer, and Forum Non Conveniens Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

FRCP - Venue

What does venue concern?

(As opposed to SMJ/PJ)

A

IN WHICH federal district court a case can be brought (assuming there is PJ and SMJ)

Venue rules SAME for diversity/FQ jx

Doesn’t matter where P lives for venue purposes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

FRCP - Venue

Where can P lay venue?

A

(a) Residential Venue: District where ALL defendants reside
* When all defendants reside in different districts of the same state, P can lay venue in any one of those districts, OR

(b) District where a substantial part of the events/omissions giving rise to claim occurred (Transactional Venue #1) OR

(c) District where substantial part of the property (involved in lawsuit) is located (Transactional Venue #2)

IF none of the above, then where D is subject to personal jurisdiction with respect to the action

Rules only apply for cases filed in federal court from the beginning.

Rules do NOT apply for cases filed initially in state court and removed to federal court (venue then is in fed district “embracing” that state court)

Transactional Venue #1 examples:
* Where defective produtive manufactured
* Where P injured
* Where contract entered into
* Where K was to be performed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

FRCP - Venue

Where can P lay venue if D resides outside US?

A

Venue proper in any federal district court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

FRCP - Venue

Where do defendants “reside” for purposes of venue?

A

Individual: federal district in where she’s domiciled

Business (corporation/unincorporated association): any district where it’s subject to personal jurisdiction with respect to civil action in question

Business: In state with more than one judicial district, corp deemed to reside in any district in state within which corp’s contacts would subject it to PJ if that district were a state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

FRCP - Venue Transfer

Where can federal court transfer venue?

A

To another trial court in same judicial system (to another federal district court)

There are two transfer statutes (see other flashcard)

CANNOT transfer case to state court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

FRCP - Venue Transfer

Can venue be transferred to a transferee where venue is NOT proper and doesn’t have PJ over D IF D is willing to waive those matters?

A

NO. The new venue (transferee) must be proper and have personal jx over D. D cannot waive these conditions.

Ex. Plaintiff sues Defendant in the District of Minnesota. Defendant moves to transfer the case to the District of Hawaii. There is no
PJ over Defendant in Hawaii, and venue is not proper in Hawaii, but Defendant is willing to waive those matters. Can the case be transferred to the District of Hawaii?
* NO

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

FRCP - Venue Transfer

Describe the two transfer statutes for venue.

A

Statute #1: Transfer from Proper Venue - venue can be transferred to another district where “action might have been brought” or “to which all parties consented” as long as transferee court had PJ and SMJ; if there is one, court looks at the following factors (burden is on D):
* Public: Interests of justice - what law applies, what community should be burdened with jury service, desire to keep local controversy in a local court
* Private: Convenience of parties/witnesses

Statute #2: Transfer from Improper Venue
* Court may transfer in interest of justice (common) or dismiss
* Transferee court applies own choice of law rules

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

FRCP - Venue Transfer

If a case is being transferred from a proper venue, what choice of law rules must the (new) transferee court apply?

A

Transferor court’s choice of law rules

Exception: If transfer is to enforce valid forum selection clause, transferee fed court uses own choice of law rules (aka rules of state in which it’s located)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

FRCP - Forum Selection Clause

What is the effect of a forum selection clause?

A

Forum Selection Clause (FSC): Contractual provision where parties agree to litigate future disputes in particular venue

If a party violates FSC, D can file motion to transfer:
* Federal courts will enforce reasonable FSCs (that are proper) - will weigh only public interest factors

Note: Federal law enforces reasonable FSCs but some states don’t. Federal courts follow federal law on transfer.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

FRCP - Forum Non Conveniens

What is forum non conveniens (FNC)?

A

When a case is filed in a court that should’ve been filed in another court belonging to a different judicial system (ex. foreign country), original court can’t transfer case, so it’ll (a) invoke FNC, (b) stay the case (abeyance), or (c) dismiss the case
* P must then sue in the proper court/proper judicial system
* Court looks at same public/private factors
* Other court must be available and adequate (NOT OK if P can’t get any remedy there)

  • Original court might impose conditions on party requesting transfer (ex. waive service of process)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

CA - Venue

Where is venue laid in CA Superior Court for individuals?

A

Appropriate county in CA where ANY defendant resides when the case is filed

Exception: For local actions, venue = county where land lies

Additional Venues:
* Contract cases: Venue OK where contract was entered into or was to be performed
* Personal injury/wrongful death cases: Venue OK in county where injury occurred

Local Actions: Case for recovering land, determination of interest of land, or recovering for injury to land (ex. trespass)
* Not applicable to federal venue

Transitory Action: Any action that’s not a local action

CA rule is very diff from federal venue rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Essay Question Approach: Venue - Whether court correctly denied a motion for change of venue

A

To transfer venue, P must show venue was improper or, if venue proper, it should be transferred in interest of justice + convenience of parties.
* 1. When is venue proper? Rules for venue (where D resides/substantial part of events/property there) - here, is the current venue proper?
* 2. Is the D’s proposed venue also proper? (Check for SMJ, PJ)
* 2. If there are multiple proper venues, when can court transfer? (Interest in justice, convenience of the parties/witnesses) - do a lot of fact analysis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

CA - Venue

Where is venue laid out in CA for businesses?

A

Corporation/Unincorporated Business:
* County of principal place of business
* Where contract was made or to be performed, or
* Where contract was breached or liability/obligation arose

**Unincorporated Business
* County of the principal place of business IF it’s on file with the secretary of state)
* Otherwise, where any member or partner resides

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

CA - Venue

Where is venue proper if ALL the defendants are nonresidents of Calfironia?

A

Venue is okay in ANY county

If there’s even one California resident defendant, venue must be proper as to him

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Venue: Federal v. CA

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

CA - Venue

What if P joins defendants/claims that have different proper venues?

A

Proper venue is where main (more important) relief is sought

17
Q

CA - Venue

Can a CA state court transfer a case to a different state?

A

NO. CA state court can only transfer case from one Superior Court in one CA county to a Superior Court in another CA county.

Only a federal court in CA can transfer a case to a different federal court in another state.

18
Q

CA - Venue

How can D move to transfer improper venue to a proper venue?

A

D must make motion to transfer with or before the answer, demurrer, or motion to strike.

19
Q

CA - Venue

When would a CA court transfer venue where the original venue is proper?

A

(a) There’s reason to believe that parties cannot have impartial trial in original venue;
(2) Convenience of witnesses and ends of justice, OR
(3) No judge is qualified to act in original venue

If court grants motion to transfer, venue is:
* Venue on which parties agree
* If parties don’t agree, court will choose a county/venue

20
Q

CA - Venue

When will CA courts uphold forum or venue selection clauses?

A

Forum selection clauses: courts will only enforce FSCs that want action to be tried in another state if they’re “reasonable”

Venue selection clauses: upheld if chosen venue would otherwise have been permissible

21
Q

What is a motion for inconvenient forum and who can bring the motion?

(Forum Non Coveniens)

A

CA court can dismiss or stay a case if it’s more convenient/proper for a court in a different judicial system to take it (court in another state or court in foreign country)
* Standard: Action should be heard in outside forum “in the interest of substantial justice

Motion can be made by a party OR by court

Court might impose conditions (ex. D waives personal jx or SOL objection in other forum)

Remember that you can’t TRANSFER a case from CA state court to a state court in another state. You can bring motion for inconvenient forum instead.