Venue, Transfer, and Forum Non Conveniens Flashcards
What does venue tell us generally?
Where to bring the case!
Where claim can arise for transactional venue
A substantial part of a claim can arise in more than one district. So for example, substantial part of tort claim might arise where the defective product was manufactured AND where the P was injured, or a contract claim might be where contract was intered into AND where it was to be performed
Where Defendants reside for Venue Purposes
Human: “resides” in the federal district where she is domiciled
Business: resides in all districts where it is subject to PJ for the case
Basic Choices under the Venue Statute
The P may lay venue in any district venue:
- All defendants reside (residential venue); or
- A substantial part of the claim arose or a substantial part of the property involved in the lawsuit is located (transactional venue)
NOTE: These provisions above do not apply if the case was removed from state to federal court; for removed cases, venue is in the federal court embracing the state court where the action was filed. The above rules are for cases initially filed in federal court
Can you transfer venue?
A transfer goes from one trial court in a judicial system to another in the same system. So a federal district court may transfer the case to another federal district court, but it cannot transfer to a state court.
The original court: transferor
One which case is sent: transferee
Statute 1: Transfer from a Proper Venue
If the original district is a proper venue, that court can transfer based on convenience of parties and witnesses and in the interests of justice. The burden is on the person seeking transfer. The court will consider both public and private factors.
Public Factors: what law applies, what community should be burdened with jury service, the desire to keep a local controversy in a local court
Private Factors: the court considers convenience
Effect on Choice of Law: When a diversity case is filed in a proper venue but the court orders transfer under statute #1, the transferee corut must apply the choice of law rules of the transferor court
Effect of Forum Selection Clause: A FSC is a provision in which the parties agree that a dispute between them will be litigated in a particular place.
In federal court, federal law governs transfer. When there is a valid FSC, only public interest factors are considered.
When transfer is to enforce an FSC, the transferee court will apply its own choice of law rules.
Statute 2: Original Venue is Improper
If the original district is an improper venue, the court may transfer in the interest of justice or dismiss.
When the federal court transfers a diversity base because the oriignal venue is improper, the transferee applies its own choice of law rules. The P does not benefit by filing in an improper forum!
Forum Non Convenies
Factors considered are the same public and private factors, including the existence of a valid FSC.
Public Factors: what law applies, what community should be burdened with jury service, the desire to keep a local controversy in a local court
Private Factors: the court considers convenience
Adequacy of Other Forum
The other court must be available and “adequate”
