Flashcards in Venue Deck (21):
Venue tells us what?
A plaintiff may lay venue in any district where . . . (2)
All D's reside OR
A substantial part of the claim arose.
A plaintiff may lay venue in any district where All D's reside OR a substantial part of the claim arose. Do these choices apply in a removal case? Explain
In a removed case, venue was set in the district that embraced the state court.
For venue, does it matter where P resides?
What is the special rules when all D's live in one state, but are scattered?
P can lay venue in the district in which ANY D resides.
Where does a human being reside for venue purposes?
District of domicile
Where does a business reside for venue purposes?
All districts where subject to PJ for this case.
Can a fed district court transfer to another fed district court?
What is the restriction on a fed court's ability to transfer?
Can only transfer to a district where the case COULD have been filed.
What two things must be true of a transferee court?
Must be a proper venue
Must have J over the D.
P sues D in the District of MN. D moves to transfer the case to the district of Hawaii. There is no PJ in Hawaii and venue is improper, but D is willing to waive those matters. Can the case be transferred?
No. Transfer must be proper WITHOUT waiver.
When and only when can a court transfer to an improper venue? (2)
All parties consent (unlikely that P will)
Court finds cause for transfer
Is there ever a right to transfer?
No always discretionary
Because transfer overrides P's choice of forum, the burden is on the D to show that transfer is proper. What factors will court consider?
Private and public factors showing that the transferee court is the center of gravity.
A court always/usually/rarely/never defer to a forum selection clause in a k.
If the original district is an improper venue, what two options for the court?
When D successfully pleads forum non conveniens, the court will do one of two things . . .
Dismiss or Stay the action
FNC is almost never granted if what is true of P?
Resident of the present forum.
The decision to grant FNC is based on what factors?
Same as transfer.
Private and public factors showing that another court is the center of gravity.
For a court to grant FNC, the other court must be ____ and ____
Available AND adequate