Venue, Transfer, & Forum Non Conveniens

Question 1

Venue

Answer 1

Tells you exactly where to bring a case, that is which fed ct to bring it

Question 2

Basic Choices Under the Venue Statute

Answer 2

• P may lay venue in any district where:
  (1) All Ds 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)
• TV can be in more than one place
• Note: these provisions do not apply if case was removed from state to fed ct. For removed cases, venue is in the FDC embracing the state ct. The above rules are for cases initially filed in fed ct

Question 3

Miscellaneous Venue Matters

Answer 3

• For venue purposes, it does not matter where P resides
• Venue rules are the same for DCJ/FQJ cases
• If D resides outside the U.S., venue is proper in any FDC, but if another D does reside in the U.S., the venue must be proper as to her

Question 4

Where Ds reside for Venue Purposes

Answer 4

• A human resides in the fed district where she is domiciled
• A business, such as a corp/unincorp association, resides in all districts where it is subject to PJ for the case

Question 5

Transfer of Venue

Answer 5

• Transfer goes from one trial ct in a judicial system to another trial ct in the SAME judicial system
• A FDC may transfer a case to another FDC, but cannot transfer a case to state ct
• The transferee ct must be a proper venue & have PJ over D – generally must be true w/o waiver by D
• Minor exception: Under transfer statute #1, the ct can transfer to any district (even an improper venue) if all parties consent and ct finds cause for transfer

Question 6

Statute #1 – Transfer from a Proper Venue

Answer 6

• Ct can order transfer based on convenience of parties and witnesses & in the interest of justice
• Burden is on person seeking transfer (usually D)
• Ct will consider both public & private factors showing that another ct is the center of gravity for the case
• Public: what law applies, what community should be burdened with jury service, the desire to keep a local controversy in local ct
• Private: convenience. (ex. ct will look at where the Ds and evidence are found)

Question 7

Effect of Choice of Law - Proper Venue

Answer 7

• When a diversity case is filed in a proper venue but ct orders transfer under statute #1, the transferee ct must apply the COL rules of the transferor ct (unless transfer is to give effect to a valid FSC)

Question 8

Effect of FSC

Answer 8

• FSC is a provision where parties agree that a dispute between them will be litigated in a particular place
• If one party sues the other in violation of an FSC, the D may seek to enforce the FSC through a motion to transfer (assuming the FSC called for litigation in a proper fed district)

Question 9

Key Points to Remember about FSC

Answer 9

• Fed law enforces FSCs if they are not unreasonable
• When there is a valid FSC, only public interest factors are considered for transfer; and
• When transfer is to enforce an FSC, the transferee ct will apply its own COL rules. The transfer does not carry the transferor’s COL rules

Question 10

Statute #2 Original Venue is Improper

Answer 10

• Ct may transfer/dismiss
• Usually a ct will transfer if possible (ex. A FDC can easily transfer a case to another FDC)
• When a fed ct transfers a diversity case b/c the original venue is improper, the transferee applies its own COL rules, not the transferor’s

Question 11

Forum Non Conveniens

Answer 11

• FNC applies when there is another ct that is the center of gravity for the case
• But here, the ct cannot transfer to that ct b/c it is in a different judicial system
• The ct invoking FNC will hold it in abeyance/dismiss the case
• Applies only in cases where alternative forum is abroad
• Where the more appropriate forum is another America (rather than foreign) court, the federal courts do not dismiss the case under FNC as they might have done before the transfer of venue statute

Question 12

Factors Considered for FNC

Answer 12

• The FNC decision is based on the same public & private factors as transfer, including existence of a valid FSC

Question 13

Other Court for FNC

Answer 13

• The other ct must be adequate
• The forum will be adequate unless P can get NO remedy there