Venue, Transfer, and Forum Non Conveniens Flashcards
What is the difference between SMJ an Venue?
SMJ tells us WHEN we can take a case to federal court.
Venue tells us exactly WHERE to bring it - WHICH federal court to bring it to. Venue is proper geographic district.
(country divided into federal districts)
Where can Plaintiff lay venue? (in cases initially filed in federal court)
Plaintiff may lay venue in any district where:
A) all defendants reside (residential value)
– nuance on this - when Defendants reside in different districts of the SAME STATE –> then you can lay venue against all of them
B) a substantial part of the CLAIM arose// where substantial part of events or omissions occured;
C) or a substantial part of the PROPERTY involved in the lawsuit is located (transactional value).
what is the fallback provision for venue?
if no district satisfies where venue would normally be proper, then venue would be proper where any defendant is subject to the court’s personal jurisdiction.
Where can a claim arise for TRANSACTIONAL venue? (i.e substantial part of claim arose in location)
a substantial part of the claim can arise IN MORE THAN ONE DISTRICT.
where is venue proper if the defendant resides outside of the US?
venue is proper in ANY federal district court, BUT if another defendant does reside in the US - venue must be proper as to her.
where does a human reside for purposes of venue?
a human “resides” in the federal district where they are DOMICILED
Where does a ‘business’ reside for venue purposes?
a ‘business” (such as a corporation or unincorporated association) resides in ALL DISTRICTS WHERE IT IS SUBJECT TO PERSONAL JURISDICTION for the case.
what is “TRANSFER” of venue?
transfer goes from one trial court in a judicial system to another trial court in the SAME judicial system (i.e. federal district court can transfer to another federal district court, but not to a state court).
OG court – transferor
court to which case is sent —> transferee
–transferee must be a PROPER venue AND have PJ over defendant (must be true without D’s waiver)
minor exception to ‘transferee must have proper venue and PJ without D’ waiver” rule
under a transfer from a proper venue - the court can transfer to ANY DISTRICT (even an improper venue) if:
a) all parties consent; AND
b) the court finds cause for the transfer
What are the 2 transfer statutes?
1) Transfer from a Proper Venue
#2) Original Venue is Improper
Transfer Statute #1) Transfer from a Proper Venue
If the OG district is a PROPER VENUE – that court can order transfer based on the convenience of parties and witnesses; AND on the interests of justice
Court will consider both public and private foactors showing that another court is the center of gravity for the case:
what public factors will the court look to?
what law applies, what community should be burdened with jury service, the desire to keep a local controversy in a local court
what private factors will the court look to?
court considers convenience
what is the effect of a transfer from a proper venue to another court?
when a DIVERSITY case is filed in a proper venue - but the court orders transfer from a proper venue - the TRANSFEREE COURT MUST APPLY THE CHOICE OF LAW RULES OF THE TRANSFEROR COURT (unless transfer is to give effect to a valid forum selection clause)
what is a forum selection clause? (FSC)
A provision in which the parties agree that a dispute between them will be litigated in a particular place.
*if one party sues the other in violation of the FSC, the defendant may seek to enforce the FSC through a motion of transfer
