Venue

Question 1

What is venue?

Answer 1

Region within a particular state where suit can be brought

Question 2

How is venue determined?

Answer 2

Dictated by :
(a) residency of D(s),
(b) location of events giving rise to the suit, or
(c) if and only if venue is not proper under the first two locations, where at least one D is subject to PJ (“gap filler”)

Question 3

Where is the venue if all the defendants reside in the same state?

Answer 3

The venue is the district where any single defendant resides

Question 4

How is residency determined for corporations for venue purposes?

Answer 4

Entities reside in every district in which they are subject to PJ for that suit

Question 5

Where is the venue if the defendants reside in multiple states?

Answer 5

The venue is the location of the harm. This is defined as the district where a substantial part of the events giving rise to the claim occurred

Question 6

What are the three ways in which venue may be transferred from one federal court to another?

Answer 6

1. convenience
2. agreement
3. interest of justice

Question 7

What is the forum non conveniens doctrine?

Answer 7

If most convenient forum is not in the US, court cannot transfer, but can dismiss without prejudice so that P can refile in proper country; may not be in US. Same factors considered as in transfer of venue