Venue, Transfer, Forum Non Conveniens

Question 1

Proper Venue (§1391)

Answer 1

§ 1391(a): District wherein any D resides if all Ds are residents of the state where the district is located

§ 1391(b): Where a substantial part of the events or omissions giving rise to the claim occurs or where a substantial part of the property lies

§ 1391(c): If the above does not apply, any venue where D is subject to personal jurisdiction for the action

Question 2

Transfer under § 1406

Answer 2

Improper venue transfer: State law of original venue not applied; the law applies based on the new, proper venue

Question 3

Transfer under § 1404

Answer 3

1) For the convenience of parties and witnesses,
2) In the interest of justice
3) Where the claim could have been originally brought OR where all parties have consented

Question 4

Factors in the Interest of Justice

Answer 4

1) Access to witnesses,
2) Access to the forum,
3) Docket congestion (how busy are the transferor and transferee courts, respectively),
4) Speed to trial (which is related to docket congestion)
5) Relationship of the community to the dispute
6) Court’s familiarity with the governing law
7) Plaintiff’s forum choice
8) Is the original forum where the plaintiff resides?
9) Existence of a pre-suit venue agreement (forum selection clause)

Question 5

Hoffman v. Blaski

Answer 5

Transfer of a patent claim by P (Illinois) against D (based in Dallas) brought the N.D. Tx. to the N.D. Ill. Where a case “could have been brought” is considered in relation to the time of the suit and where it could be brought by the plaintiff.

Question 6

Atlantic Marine Construction Co.

Answer 6

When parties have entered into a valid forum-selection clause that designates a federal venue, the case should be transferred to the designated district unless extraordinary circumstances exist unrelated to the parties’ convenience

Question 7

Forum Non-Conveniens

Answer 7

Results in a complete dismissal from the forum

The court may resist maintaining jurisdiction when an alternative forum exists

Whether Alt. Forum’s Law is Unfavorable is not a Dispositive Factor

Question 8

Gulf Oil Corp.: Multi-Factor Consideration

Answer 8

1) The private interest of the litigant
2) Ease of access to sources of proof
3) Availability of compulsory process for attendance of unwilling and cost of obtaining attendance of willing witnesses
4) Possibility of view of premises (if appropriate)
5) Practical problems that make the trial of a case easy, expeditious, and inexpensive
6) Factors of public interest: Jury duty and costs to juries; Local interest in having local concerns decided at home; Forum at home with the relevant law
7) As with the transfer of venue, P’s choice of forum should rarely be disturbed