Venue

Question 1

Venue v. SMJ

Answer 1

SMJ is the power of the court to hear the case
Venue relates to the proper geographic district in which to bring action

SMJ CANNOT be conferred by agreement, venue can be

Question 2

Venue in civil actions in federal courts

Answer 2

Proper in:

1) a judicial district which any D resides, if all Ds are residents of the state in which the district is located;
2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situation; OR
3) if no 1 or 2, a judicial district in which any D is subject to the court’s personal jurisdiction with respect to the action

Question 3

Residence - natural persons (venue)

Answer 3

A person (including a lawful, permanent resident alien) is deemed to reside in the judicial district in which that person is domiciled

Question 4

Residence - business entities (venue)

Answer 4

Deemed to reside in the judicial district in which D is subject to the court’s personal jurisdiction

Question 5

Residence - nonresident of the US (venue)

Answer 5

May be sued in any judicial district

Question 6

Improper venue may be waived

Answer 6

Unlike SMJ, venue may be waived

*Venue is considered waived unless timely objection (in a pre-pleading motion or the answer)

Question 7

Transfer - original venue proper

Answer 7

May transfer to another district where action “might have been brought” or “to which all parties have consented”

*If another judicial system, court may dismiss or stay action

Question 8

Transfer - original venue improper

Answer 8

A court must dismiss, or, in the interest of justice, transfer case to a venue which it could have been brought.
*Transfer is more appropriate than dismissal except in extraordinary circumstances

Question 9

Applicable law upon transfer - original venue proper

Answer 9

Transferee court applies the law the transferor court would apply, unless the transfer was ordered to enforce a forum selection clause.

Example: P sued D in PA. D moves to transfer to MA. Court must apply PA law.

Question 10

Applicable law upon transfer - original venue improper

Answer 10

Under Erie, the law of the transferee court will apply.

P sued D in WA. Improper venue. Transfer to CA. CA law would apply.