Venue, Forum Non Convienens, Removal, Transfer

Question 1

Venue Barf §1391

Answer 1

venue is generally good where any defendant resides, if all defendants reside in the same state OR where a substantial events giving rise to the claim occurred.

Question 2

In state court § 1391

Answer 2

All states have general SMJ, where the cause of action arose.

Question 3

In federal court § 1391

Answer 3

Must be a federal question or diversity case.

Question 4

Diversity § 1391 (b) General

Answer 4

1. Any district where defendant resides, if all D’s live in the same state 2. Any district where the substantial part of the claim occurred. 3. Any court where D is subject to PJ

Question 5

Diversity § 1391 (a)

Answer 5

No regard to action is local or transitory.

Question 6

Diversity § 1391 (c) Residency

Answer 6

1. Natural Person: Domiciled 2. Entity: Domiciled or PJ 3. Alien: Unregistered: Anywhere is good. Registered: PJ Corporations: PJ minimum contacts.

Question 7

Transfer § 1404

Answer 7

Law is good, venue is good, but for convince of the case, transfer the the case to where it could have been brought.

Question 8

Transfer § 1406

Answer 8

venue is wrong. Laws don’t transfer

Question 9

Removal § 1441

Answer 9

(a) General: Federal court had original jurisdiction. Federal Question. or (b) Diversity: No D’s are from same state and amount in controversy is above $75k. (c) Joinder of State and Federal Claim Fed ct. because of federal q. Must add Supplemental Jurisdiction.

Question 10

Transfer § 1631

Answer 10

Pj no good. Court can dismiss or transfer case in the interest of justice to where it could have been brought. PJ and SMJ no good.

Question 11

Forum Non Conveniens Barf Challenge to Venue

Answer 11

A court may dismiss or stay a proceeding of (1) it is a proper court or (2) there is another proper court better suited for deciding the case.

Question 12

Fnc factors

Answer 12

Private (ease of proof, witness, evidence) Public (court congestion, interest of home state, forum substantive law)