Venue, Transfer, and Forum Non Conveniens

Question 1

Where is venue proper?

Answer 1

1) District where all D’s reside. Or if all residents reside in the same state, district of where one of them reside. If ALL D’s resides outside of US, then any federal court.
2) a Substantial part of the claim arose or a substantial part of the property involved i n the lawsuit is located.
Note: if case was removed from state court, venue proper where fed court embraces that of the state.

Question 2

Residency for venue

Answer 2

1) Person = federal district where they are domiciled.
2) business = anywhere they are subject to PJ

Question 3

Standard for Transfer from Proper Venue

Answer 3

1) Burden on person seeking transfer
2) “Center of Gravity for the Case”
2) Public factors: what law applies, community be burdened with jury service, desire to keep local controversy in local court.
3) Private: convenience as in where D’s and evidence are. (Not considered if valid FSC)
4) Apply choice of law rules of transferor court (Apply transferee’s if valid FSC)

Question 4

Standard for Transfer from Improper Venue

Answer 4

1) transfer in interest of justice or dismiss.
2) If diversity case, transferee applies its own choice of law rules.

Question 5

FSC

Answer 5

1) Can enforce an FSC with a motion to transfer
2) Federal Law enforces FSCs if they’re not unreasonable.
3) remember, only public interest factors will be considered fi valid FSC.

Question 6

Forum Non Conveniens

Answer 6

1) Court can’t transfer because in a different judicial system.
2) Options: Court will stay or dismiss. P expected to sue in other court. Court may require that party requesting transfer waive service of process.
3) Look to public factors, private factors, FSC
4) Other court must be adequate: usually adequate unless P can get NO RELIEF there.