Venue, Transfer, & Forum Non Conveniens

Question 1

Venue

Answer 1

Federal venue in civil actions is proper in (i) the district where any defendant resides, if all defendants are residents of the state in which the district is located; and (ii) the district in which a substantial part of the events or omissions giving rise to the claim occurred. If neither apply, the action may be brought in any district in which any defendant is subject to the court’s personal jurisdiction with respect to such action.

Question 2

Transfer of Venue (Proper)

Answer 2

When a case is removed from state court to federal court, venue is set in the federal district court that embraces the state court in which the action is pending. The court can transfer based on convenience of parties and witnesses and in the interest of justice.

Question 3

Transfer of Venue (Improper)

Answer 3

If a case is filed in an improper venue, the court may transfer in the interest of justice or dismiss. When a federal court transfers a diversity case because the venue is improper, the transferee court applies its choice of law rules and not the choice of law rules of the transferor court.

Question 4

Forum Non Conveniens

Answer 4

If the most convenient forum is not in the United States, court cannot transfer but can dismiss without prejudice so plaintiff can refile in proper country.