Venue Flashcards
(23 cards)
What does venue tell us?
To which federal court a case can be brought
A plaintiff may lay venue in any district where…
(1) Residential Venue: where all Ds reside (domicile) (nuance if same state different district)
(2) Transactional Venue: where a substantial part of the claim arose or a substantial part of the property involved in the lawsuit is located
What is the proper venue for a case removed from state court?
The federal district embracing the state court where the action was initially filed.
Residential and transactional venue are NOT relevant here.
P, who resides in the District of South Carolina, sues D1, who resides in the Northern District of Florida, and D2, who resides in the Southern District of Florida.
Can Plaintiff lay venue in either the Northern or Southern District of Florida?
Yes, when Ds reside in different districts of the same state, both defendants can be sued in either district in that state/
BUT venue is not proper in any other district in that state
Can there be more than one proper transactional venue?
Yes
For venue purposes, does it matter where P resides?
No
Are the venue rules the same for FQ and diversity cases?
Yes
Where is venue proper if D resides outside of the US?
In any federal district court
Where do human defendants reside for venue purposes?
In the federal district where they are domiciled
Where do business defendants (corp or unincorporated) reside for venue purposes?
In all districts where it is subject to PJ for the case
What does it mean to transfer venue?
To move a case from one trial court in a judicial system to another trial court in the SAME judicial system
When a case is transferred to another venue, what do we call each court?
Original Court = Transferor
New Court = Transferee
How does venue transfer work when the original venue was a proper venue?
The party seeking transfer bears the burden of showing that another court is the “center of gravity for the case” based on PUBLIC and PRIVATE factors.
PUBLIC: what law applies, what community should be burdened; keep local controversy local
PRIVATE: convenience for the parties; where is the evidence; where is D
How does venue transfer work when the original venue was an improper venue?
The court may transfer in the interest of justice or dismiss the case.
In a diversity case, what law is applied when a case is transferred from a proper venue?
The law of the transferor court
In a diversity case, what law is applied when a case is transferred from a improper venue?
The law of the transferee court
When does federal law enforce a forum selection clause? What is considered?
If they aren’t unreasonable.
Only consider public interest factors?
In a diversity case, what law is applied when a case is transferred due to a forum selection clause?
Transferee applies its own choice of law rules (which under Erie is the law of the state in which the federal court is located)
What is a forum selection clause?
A provision in which the parties agree that a dispute between them will be litigated in a particular place.
How does a forum selection clause relate to venue?
If one party sues the other in violation of an FSC, the defendant may seek to enforce the FSC through a motion to transfer.
What is forum non conveniens?
A court’s discretionary power to dismiss stay or dismiss a case so that it can be re-filed in the court that is the center of gravity for the case
How does forum non conveniens differ from transfer of venue?
Transfer of venue is within the same judicial system (e.g., federal)
Forum non conveniens is between two courts in different judicial systems
What factors are considered in deciding to stay or dismiss a case under forum non conveniens?
PUBLIC: what law applies, what community should be burdened; keep local controversy local
PRIVATE: convenience for the parties; where is the evidence; where is D; forum selection clause
