Venue

Question 1

Basic Idea of Venue

Answer 1

Subject matter jurisdiction told us we can take a case to federal court. Venue tells us exactly which federal court. The country is divided into federal districts. P is suing
in federal court and wants to lay venue in a proper district.

Question 2

P may lay venue in any district where:

Answer 2

1. all defendants reside; or
2. a substantial part of the claim arose.

Question 3

Do these venue choices apply in a removed case?

Answer 3

NO – remember, in a removed case, venue was set in the district that embraced the state court.

Question 4

Where Do Defendants “Reside” for Venue Purposes?

Answer 4

Individuals: Where Domociled

Corporations: Anywhere PJ will apply

• PPB
• Incorporated

Question 5

Transfer of Venue

Answer 5

A federal district court may transfer the case to another federal district court. The original court is the “transferor” and the one to which the case is sent is the “transferee.”

IMPORTANT: It can only transfer to a district where the case could have been filed.

• The transferee must be a proper venue and have PJ over the D
• Exception:
  
  • the court can transfer to any district (even an improper venue) if all parties
    consent (unlikely that P will do so) and the court finds cause for the transfer.

Question 6

2 different approaches to analyze transfer of venue

Answer 6

1. If the original district filed in was the proper venue
2. If the original district filed in was an improper venue

Question 7

If the original district is a proper venue, that court can order transfer based on…

Answer 7

convenience of parties and witnesses and on the interest of justice.

Question 8

Is there ever a right to transfer?

Answer 8

No, always discretionary

Question 9

What factors does the court look to in deciding whether to transfer the case? and who bears the burden?

Answer 9

Because transfer overrides P’s choice of forum (and because P chose a proper venue), the burden is on the person seeking transfer.

Public and Private factors showing that the transferee is the center of gravity

Question 10

Public Factors for Transfer of Venue

Answer 10

• what law applies,
• what community should be burdened with jury service,
• the desire to keep a local controversy in the local court.

Question 11

Private Factors for Transfer of Venue

Answer 11

convenience

Also where the evidence and witness’ are

Question 12

Forum Selection Clause

Answer 12

One important factor in favor of transfer is the existence of a valid forum selection clause. If the parties entered a K saying that a dispute will be litigated in a particular district, the court will almost always transfer to that district. The
parties are deemed to have agreed that the private factors support litigation in that district.

Question 13

If the original district is an improper venue, what may that court do?

Answer 13

It may transfer in the interest of justice OR dismiss

Question 14

Forum Non Conveniens

Answer 14

Like transfer, there is another court that is the center of gravity, that makes more sense than the present court.

Question 15

What does the Court do in Forum Non Conveniens

Answer 15

It dismisses or stays the case

To stay means hold in abeyance; nothing happens in the case. It just sits there. Whether it dismisses or stays, the idea is that P will then sue in the other court.

Question 16

Reason behind Forum Non Conviens

Answer 16

Because the more convenient court is in a different
judicial system (e.g., a foreign country), so transfer is impossible!

Question 17

How to go about Forum Non Conveins

Answer 17

The decision is based on the same public and private factors as transfer of venue. This requires a strong showing, though, since this results in dismissal or stay.

FNC dismissal almost never granted if P is resident of the present forum.

The other court must be available and “adequate.”

Question 18

Suppose the foreign court does not permit trial by jury or recovery for emotional distress. Do things like that make the foreign court inadequate for Forum Non Conveins?

Answer 18

No - its adequate just so P will get her day in court