Venue, transfer, and forum non conveniens

Question 1

What does venue tell us?

Answer 1

Which federal court to bring a case

Question 2

Where may a plaintiff lay venue?

Answer 2

Any district where:
1. all defendants reside (residential venue)
or
2. a substantial part of the claim arose or a substantial part of the property involved in the suit is located (transactional venue)

Question 3

What is the venue requirement for cases that have been removed to federal court?

Answer 3

Venue is in the federal district embracing the state court where the action was filed

Question 4

Where can a claim arise for transactional venue?

Answer 4

where the defective product was manufactured and where the plaintiff was injured.

For a contract claim: where the contract was entered into and where it was to be performed

Question 5

For venue purposes, does it matter where the plaintiff resides?

Answer 5

No, just matters where the defendant is at home

Question 6

Where is venue proper for a citizen outside of the US?

Answer 6

Any federal district court

Question 7

Where does a defendant reside for venue purposes?

Answer 7

1. A human resides in the federal district where she is domiciled
2. A business resides in all districts where it is subject to PJ for the case

Question 8

What is transfer of venue?

Answer 8

When the case goes from one trial court in a judicial system to another trial court in the same judicial system - can transfer to another fed court but not to a state court

Question 9

What is a requirement of transfer of venue?

Answer 9

The transferee must be a proper venue and have PJ over the defendant and generally those must be true without waiver by the defendant

Question 10

If the original district is a proper venue, why can the court transfer the case?

Answer 10

The court can order a transfer on convenience of parties and witnesses and in the interests of justice. It’s on the burden of the person seeking transfer (defendant)

Question 11

What are the factors the court will consider when transferring a case in a proper venue to another venue?

Answer 11

public:
1. what law applies
2. what community should be burdened with jury service
3. desire to keep local controversy in local court
private:
1. convenience of where Defendants and evidence are found

Question 12

Can a court transfer a proper venue case to an improper venue?

Answer 12

Yes, if all parties consent and the court finds cause for the transfer

Question 13

What choice of law rules apply when a diversity case is filed in a proper venue but court orders transfer?

Answer 13

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

Question 14

What is a forum selection clause?

Answer 14

A provision in which the parties agree that a dispute between them will be litigated in a particular place

only public interest factors are considered for transfer

Transferee court will apply its own choice of law rules

Question 15

What can the court do if venue is imporper?

Answer 15

Court may transfer in the interest of justice or dismiss

Question 16

What choice of law rules apply when the federal court transfers a diversity case because of improper venue?

Answer 16

transferee applies its own choice of law rules

Question 17

When does Forum non conveniens apply?

Answer 17

When there is another court that is the center of gravity for the case. The plaintiff is expected to file in the other court with likely some conditions from the court

Question 18

When is a forum determined to be adequate when outside the country?

Answer 18

When the plaintiff can get remedy there