Venue, Transfer, and Forum Non Conveniens Flashcards
FRCP - Venue
What does venue concern?
(As opposed to SMJ/PJ)
IN WHICH federal district court a case can be brought (assuming there is PJ and SMJ)
Venue rules SAME for diversity/FQ jx
Doesn’t matter where P lives for venue purposes
FRCP - Venue
Where can P lay venue?
(a) Residential Venue: District where ALL defendants reside
* When all defendants reside in different districts of the same state, P can lay venue in any one of those districts, OR
(b) District where a substantial part of the events/omissions giving rise to claim occurred (Transactional Venue #1) OR
(c) District where substantial part of the property (involved in lawsuit) is located (Transactional Venue #2)
IF none of the above, then where D is subject to personal jurisdiction with respect to the action
Rules only apply for cases filed in federal court from the beginning.
Rules do NOT apply for cases filed initially in state court and removed to federal court (venue then is in fed district “embracing” that state court)
Transactional Venue #1 examples:
* Where defective produtive manufactured
* Where P injured
* Where contract entered into
* Where K was to be performed
FRCP - Venue
Where can P lay venue if D resides outside US?
Venue proper in any federal district court
FRCP - Venue
Where do defendants “reside” for purposes of venue?
Individual: federal district in where she’s domiciled
Business (corporation/unincorporated association): any district where it’s subject to personal jurisdiction with respect to civil action in question
Business: In state with more than one judicial district, corp deemed to reside in any district in state within which corp’s contacts would subject it to PJ if that district were a state
FRCP - Venue Transfer
Where can federal court transfer venue?
To another trial court in same judicial system (to another federal district court)
There are two transfer statutes (see other flashcard)
CANNOT transfer case to state court
FRCP - Venue Transfer
Can venue be transferred to a transferee where venue is NOT proper and doesn’t have PJ over D IF D is willing to waive those matters?
NO. The new venue (transferee) must be proper and have personal jx over D. D cannot waive these conditions.
Ex. Plaintiff sues Defendant in the District of Minnesota. Defendant moves to transfer the case to the District of Hawaii. There is no
PJ over Defendant in Hawaii, and venue is not proper in Hawaii, but Defendant is willing to waive those matters. Can the case be transferred to the District of Hawaii?
* NO
FRCP - Venue Transfer
Describe the two transfer statutes for venue.
Statute #1: Transfer from Proper Venue - venue can be transferred to another district where “action might have been brought” or “to which all parties consented” as long as transferee court had PJ and SMJ; if there is one, court looks at the following factors (burden is on D):
* Public: Interests of justice - what law applies, what community should be burdened with jury service, desire to keep local controversy in a local court
* Private: Convenience of parties/witnesses
Statute #2: Transfer from Improper Venue
* Court may transfer in interest of justice (common) or dismiss
* Transferee court applies own choice of law rules
FRCP - Venue Transfer
If a case is being transferred from a proper venue, what choice of law rules must the (new) transferee court apply?
Transferor court’s choice of law rules
Exception: If transfer is to enforce valid forum selection clause, transferee fed court uses own choice of law rules (aka rules of state in which it’s located)
FRCP - Forum Selection Clause
What is the effect of a forum selection clause?
Forum Selection Clause (FSC): Contractual provision where parties agree to litigate future disputes in particular venue
If a party violates FSC, D can file motion to transfer:
* Federal courts will enforce reasonable FSCs (that are proper) - will weigh only public interest factors
Note: Federal law enforces reasonable FSCs but some states don’t. Federal courts follow federal law on transfer.
FRCP - Forum Non Conveniens
What is forum non conveniens (FNC)?
When a case is filed in a court that should’ve been filed in another court belonging to a different judicial system (ex. foreign country), original court can’t transfer case, so it’ll (a) invoke FNC, (b) stay the case (abeyance), or (c) dismiss the case
* P must then sue in the proper court/proper judicial system
* Court looks at same public/private factors
* Other court must be available and adequate (NOT OK if P can’t get any remedy there)
- Original court might impose conditions on party requesting transfer (ex. waive service of process)
CA - Venue
Where is venue laid in CA Superior Court for individuals?
Appropriate county in CA where ANY defendant resides when the case is filed
Exception: For local actions, venue = county where land lies
Additional Venues:
* Contract cases: Venue OK where contract was entered into or was to be performed
* Personal injury/wrongful death cases: Venue OK in county where injury occurred
Local Actions: Case for recovering land, determination of interest of land, or recovering for injury to land (ex. trespass)
* Not applicable to federal venue
Transitory Action: Any action that’s not a local action
CA rule is very diff from federal venue rule
Essay Question Approach: Venue - Whether court correctly denied a motion for change of venue
To transfer venue, P must show venue was improper or, if venue proper, it should be transferred in interest of justice + convenience of parties.
* 1. When is venue proper? Rules for venue (where D resides/substantial part of events/property there) - here, is the current venue proper?
* 2. Is the D’s proposed venue also proper? (Check for SMJ, PJ)
* 2. If there are multiple proper venues, when can court transfer? (Interest in justice, convenience of the parties/witnesses) - do a lot of fact analysis
CA - Venue
Where is venue laid out in CA for businesses?
Corporation/Unincorporated Business:
* County of principal place of business
* Where contract was made or to be performed, or
* Where contract was breached or liability/obligation arose
**Unincorporated Business
* County of the principal place of business IF it’s on file with the secretary of state)
* Otherwise, where any member or partner resides
CA - Venue
Where is venue proper if ALL the defendants are nonresidents of Calfironia?
Venue is okay in ANY county
If there’s even one California resident defendant, venue must be proper as to him
Venue: Federal v. CA
