Venue, Transfer, Forum Non Conveniens Flashcards
Venue
Venue is the designation of the proper geographic district in which the bring an action
Venue General Rule
The plaintiff may lay venue in any district where:
1) all defendants reside (residential venue)
2) a substantial part of the claim arose or a substantial part of the property involved in the lawsuit is located (may be more than one district)
3) if not federal district in the US satisfies 1 or 2, a district in which any defendant is subject to the court’s personal jurisdiction with respect to the action
Special Venue Matters
1- for venue purposes, it does not matter where the plaintiff resides
2 - if the defendant resides outside the US, venue is proper in any federal district court (if there is another defendant venue must be proper as to her)
Where Defendants Reside
Natural Person - for venue purposes, a natural person (including an alien with permanent residence) resides in the federal judicial district where she is domiciled
Business entities - for venue purposes, a business (corporations and unincorporated associations) reside in all district where it is subject to personal jurisdiction for the case
Waiver of Venue
unlike subject matter jurisdiction, venue may be waived by the parties
It is considered to be waived united timely objection is made to improper venue
Transfer of Venue
A transfer occurs when one trial court in a judicial system transfers the case to another trial court in the same judicial system
Transferee - original court
transferor - the court to which the case was sent
Transfer from a Proper Venue
If the original district was a proper venue, the court can order transfer based on convenience of the parties/witnesses and in the interests of justice (burden to establish this is the person seeking the transfer)
The court will consider both public and private factors showing that another court is the center of gravity for the case
Public and Private Factors
Public - what law applies, what community should be burdened with jury service, the desire to keep local controversies local
Private - convenience of the parties and witnesses, location of the evidence
Transfer Choice of Law (proper original)
When a diversity case is filed in a proper venue but transferred, the transferee court must apply the choice of law rules of the transferor court
Unless the transfer was to give effect to a forum selection clause
Effect of forum selection clause
A forum selection clause is a provision in which the parties agree that a dispute will be litigated in a particular place
If a party sues in violation of a valid FSC, the other may move to transfer
Federal law enforces FSC if they’re not unreasonable (fed law governs transfer so may enforce even if state court would not)
When there is a valid FSC, the court only considers public factors
when there is a valid FSC, the transferee court will apply its own choice of law rules
Transfer from Improper Venue
if the original venue is improper, the court may transfer in the interests of justice or dismiss the case
when a diversity case is transferred because venue was improper, the transferee applies its own choice of law rules
Forum Non Conveniens
Forum non conveniens applies when there is another court that is the center of gravity for the case but it is in a different judicial system
A court invoking FNC will stay or dismiss to allow the plaintiff to then sue in the other court
Factors considered are the same public and private factors as transfer, including the existence of a valid FSC
The other court must be adequate and available (its adequate unless the plaintiff can get no remedy there - don’t have to be same remedies)
