Venue, Transfer, Forum Non-Conveniens Flashcards
Two Possible Venues
For cases initially filed in federal court:
(1) Any district where all defendant’s reside, OR
(2) Where a substantial part of the claim arose, or substantial part of the property is located
Does not apply if the case was removed from state to federal court. There, the venue is in the federal
district embracing the state court where the action was filed.
What is both defendants reside in different districts of the same state (e.g., norther and southern district of Florida?)
In this case, venue is proper in ANY district where one defendant resides.
Transfer definition
When a case goes from one trial court in a judicial system to another trial court in the same judicial system.
Federal court “transfers” to another federal court (NOT to a state court or a court outside of the USA)
Transfer of Venue Requirement
Transferee must be a proper venue and have PJ over the defendant, without waiver by the defendant.
Minor exception: The court can transfer to any district (even an improper venue) if all parties consent and the court finds cause for the transfer.
Statute 1: Transfer from a Proper Venue
If the original district is a proper venue, that court can order transfer based on convenience of parties and witnesses and in the interests of justice.
If transferring from a proper venue, how does the court determine whether another court is the “center of
gravity” for the case?
Considers both public and private factors:
Public: What law applies, what community should be burdened with jury service, the desire to keep a local controversy in a local court.
Private: The court considers convenience (e.g., where the defendants and evidence are found.)
Transfer from a Proper Venue: Choice of Law
The transferee court must apply the choice of law rules of the transferor court (unless forum selection clause)
What is a Forum Selection Clause?
A provision in which the parties agree that a dispute between them will be litigated in a particular place.
Enforcement of a Forum Selection Clause
Generally enforced if not unreasonable
Only public interest factors are considered for transfer
When transfer is to enforce an FSC, the transferee court will apply its own choice of law rules.
Statute 2: Original Venue Improper
If the original district is an improper venue, the court may transfer in the interest of justice or dismiss. Usually, the court will transfer if possible.
The transferee applies its own choice of law rules
When to Apply Forum Non Conveniens
When there is another court that is the center of gravity for the case, but that is in a different judicial system.
Factors to Apply in Forum Non Conveniens
Considers both public and private factors:
Public: What law applies, what community should be burdened with jury service, the desire to keep a local controversy in a local court.
Private: The court considers convenience (e.g., where the defendants and evidence are found.)
