VENUE, TRANSFER, FORUM NON-CONVENIENS

Question 1

VENUE

Answer 1

Plaintiff may law venue in any district where:

1. ALL defendants reside
2. A substantial part of the claim arose (substantial part may arise in different districts i.e. manufactured in one district and P was injured in a different district- both are valid districts for venue.)
   * * for cases initially filed in federal court
   - may be waived by the parties- considered waived unless timely objected

Question 2

TRANSFER

Answer 2

Federal court–> Federal court
State court–> State court
** cannot transfer from federal to state and vice versa
** The transferee must be a proper venue and have personal jurisdiction over the defendant UNLESS: all parties consent to the transfer, then case can be transferred to district with improper venue

Question 3

TRANSFER- Transfer statute 1:

Answer 3

Applies only if original district has proper venue
Court can transfer based on convenience of parties and witnesses and in the interest of justice. Court looks to public (what law applies, community burdened with jury service) and private factors (convenience)showing transferee is the center of gravity. ;
- valid forum selection clause prescribing venue establishes that the private factors support transfer
- Forum selection clause: provision which the parties agree that a dispute between them will be litigated in a particular place.
- transferee applies choice of law rules of the transferor unless the transfer is to enforce a forum selection clause,

Question 4

TRANSFER- transfer statute 2:

Answer 4

Applies if the district court is improper venue
Court may transfer case in the interest of justice, or dismiss the case
transferee applies the choice of law rules of the state in which it sits and NOT the rules of the transferor district

Question 5

FORUM NON- CONVENIENS

Answer 5

If the potential transferee court is in a different judicial system, the transferor court with stay or dismiss the case because transfer is impossible
- the transfer court must be available and adequate.

Question 6

VENUE- special provisions

Answer 6

where the D is the United States or an agency, officer or employee of the US acting in his official capacity, a civil action may be brought where 1. a defendant resides; 2. a substantial part of the events or omissions giving rise to the action occurred or where a substantial part of the property giving rise to the action is situated; 3. the plaintiff resides if no real property is involved in the action.