Venue, Transfer, FNC Flashcards
What is venue?
Venue tells P where, geographically - i.e. which federal district – to file in.
In which venue may a P file?
In any district where either
(1) all D’s reside (residential venue), OR
(2) a substantial part of the claim arose or a substantial party of the property involved in the suit is located (transactional venue)
(3) If NEITHER of the above exist, then wherever PJ
Note: If case is removed to federal court from state, then the above doesn’t apply - just go with wherever the state court was.
Can substantial part of claim arise in more than one district?
Yes, e.g. tort claim - where defective product was manufactured and where the P was injured. Or K claim - where K was entered, and where it was to be performed.
Where is venue proper if D resides outside US?
Any federal district - unless there are other D’s who reside in the US, then venue most be proper wrt them.
Where do D’s reside for purposes of venue?
(a) natural ppl - where domiciled
b) biz - anywhere subject to PJ (incorporation + PPB
What is the difference between transfer and removal?
Transfer = from fed to fed court; removal = from state to fed court
(remand = from fed to state court)
Can court transfer venue to court with no PJ?
No, but can transfer to any court (regardless of PJ and venue) if all parties consent + court finds proper.
What are the two venue statutes?
(1) Original district is proper venue: burden is on person seeking transfer to show transfer is proper based on convenience of the parties and witnesses and the interests of justice
Look to public & private interests:
- public: what law applies, what community should be burdened with jury duty, desire to keep local controversy local
- private: convenience - where evidence, witnesses, parties are
(2) Original district is improper venue: Court may transfer in the interest of justice or dismiss (usually transfer if possible.
Which choice of law rules should the transferee court apply? (i.e. diversity jdx cases)
(1) Original venue proper: transferee court must apply the choice of law rules of the transferor court. BUT if transfer is to enforce an forum selection clause, then transferee will enforce its own laws.
(2) Original venue is improper: transferee court applies its own choice of law rules
What is the effect of a forum selection clause?
A forum selection clause is a provision in which parties agree that a dispute will be litigated in a particular forum.
Federal court: They will be enforced as long as not unreasonable. In fed court, federal law governs transfer - so could enforce even if state court would not.
State court: some do not enforce
When assessing whether to transfer, court will ONLY assess public factors if FSC is reason for transfer.
When transfer is due to FSC, then transferee court will apply its own choice of law rules.
What is FNC?
When party wants case to be transferred for reasons of convenience/justice (i.e., center of the case is located elsewhere) AND that location is outside the U.S. judicial system.
Court doesn’t really transfer - it stays or dismisses case (can dismiss with reqs, e.g. D must waive SoP).
What factors do courts consider under FNC?
same public private factors as transfer + other court must be available and adequate (low bar, adequate as long as P can get remedy)
