Venue, Transfer, and Forum Non Conveniens

Question 1

Subject matter jurisdiction told us we can take a case
to federal court. Venue tells us…

Answer 1

exactly which federal court. The country is divided into federal districts. P is suing in federal court and wants to lay venue in a proper district.

Question 2

P may lay venue in any district where:

Answer 2

1. All defendants reside, or
2. A substantial part of the claim arose.

Question 3

The venue rule in the previous card does not apply if…

Answer 3

the case was removed from state to federal court. There, vanue is in the federal district embracing the state court where the action was filed. These rules are for cases initially filed in federal court.

Question 4

Can a substantial part of a claim arise in more than
one district?

Answer 4

Yes.

A substantial part of a tort claim might arise where
the defective product was manufactured and where
P was injured. A substantial part of a K claim might
arise where the K was entered and where it was to be
performed.

Question 5

For venue, it does not matter:

Answer 5

• where the plaintiff resides
• whether it’s a diversity case or federal question case

Question 6

If D does not reside in the US, where is venue proper?

Answer 6

In any district.

But if another defendant does reside in the U.S., venue must be proper as to her in accordance with the rules above.

Question 7

Special rule: If all Ds reside in different districts
of the same forum state, then…

Answer 7

P can lay venue in the district
where any D resides.

Question 8

For the purpose of venue, where does a human reside?

Answer 8

In the district where they are domiciled.

Question 9

Where does a business (corporation/unincorporated entity) reside?

Answer 9

In all districts where it is subject to PJ for this case.

Question 10

Transfer goes from one trial court in a judicial system to…

Answer 10

another trial court in the same judicial system. So a federal district court may transfer the case to another federal district court.

Question 11

Terminology: The original court is
the ________, and the one to which the case is sent
is the __________.

Answer 11

transferor, transferee.

Question 12

BUT the transferee must be…

Answer 12

a proper venue and have PJ over the defendant—and generally those must be true without waiver by D.

Question 13

What is the exception to needing proper venue for a transfer?

Answer 13

Under the first transfer statute, the court can transfer to any district (even an improper venue) if all parties consent and the court finds cause for the transfer. It is unlikely that P will consent to this, so it’s not clear this happens much.

Question 14

What does the first transfer statute hold?

Answer 14

If the original district is a proper venue, that court can order transfer based on convenience of parties and witnesses and in the interest of justice.

Question 15

Because transfer overrides P’s choice of forum (and because P chose a proper venue), the burden is on…

Answer 15

the person seeking transfer (usually D).

Question 16

What factors does the court look to in deciding whether to transfer the case?

Answer 16

Public and private factors showing that the transferee is the center of gravity.

• Public: Things like what law applies, what community should be burdened with jury service, the desire to keep a local controversy in a local court.
• Private: Convenience. For example, where the evidence and witnesses are.

The existence of a valid forum selection clause prescribing venue in the other federal district establishes that the private factors support transfer.

Question 17

After transfer, what choice of law rules apply?

Answer 17

The transferor’s choice of law rules, unless transfer is to enforce a forum selection clause.

Question 18

A forum-selection clause (“FSC”) is a provision in which…

Answer 18

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

Question 19

If one party sues the other in violation of a FSC, the D may seek to enforce the FSC through…

Answer 19

a motion to transfer (assuming the forum selection clause called
for litigation in a proper federal district).

Question 20

Federal law enforces FSCs (if they’re not unreasonable). Some states do not. In federal court, this law governs transfer.

Answer 20

Federal law. So a federal court may enforce a
FSC even though a state court in that state would not.

Question 21

What does venue statute 2 hold?

Answer 21

If the original district is an improper venue, the court may transfer in the interest of justice or dismiss.

Question 22

If venue is improper, the court will usually transfer if possible. When it does, the transferee applies choice-of-law rules of…

Answer 22

the state in which it sits (in a diversity case), and NOT the choice-of-law rules of the transferor district.

Question 23

Under forum non conveniens, there is another court that is the center of gravity, but, instead of transferrs, the court..

Answer 23

dismisses, or stays the case.

Question 24

What dos it mean to stay the case?

Answer 24

To stay means hold in abeyance; nothing happens in the case. It just sits there.

Question 25

Whether the court dismisses or stays under forum non conveniens, the idea is that…

Answer 25

the plaintiff will then sue in the other court.

Question 26

Under forum non conveniens, the court cannot simply transfer the case because….

Answer 26

the more convenient court is in a different judicial system (e.g. a foreign country), so transfer is impossible!

Question 27

The decision to dismiss or stay under forum non conveniens is based on…

Answer 27

the same public and private factors as transfer above, including the existence of a valid forum selection clause.

Question 28

The other court must be available and “adequate.” What does this mean?

Answer 28

A court is adequate unless the plaintiff cannot get any remedy.

So, a court in a foreign country that doesn’t permit jury trials, recovery for pain and suffering, or other remedies is still adequate as long as some remedy is available.