Venue, Removal, Conflict

Question 1

Can SMJ or venue be determined by k?

Answer 1

Only venue.

Court may have SMJ but not venue

Question 2

Venue in civil action in fed courts is proper:

Answer 2

1. district where any D resides, if all D reside in that state
2. district where subs part of events/omissions giving rise to the claim occurred OR subs part of prop that is subject to action is situated
3. no district that satisfies 1 or 2 = district where any D is subject to PJ for action

Question 3

Domicile of business entities

Answer 3

in any district where it subject to court’s PJ re civil actions

Question 4

Domicile of non-US residents

Answer 4

may be sued in any district

Question 5

Can J or venue be waived?

Answer 5

venue- yes, unless timely objection

J- no

Question 6

Why transfer venue:

Answer 6

1. court does for parties/witnesses convenience
2. all parties may consent
3. court dismisses if improper venue
4. in the interests of justice
   
   • used for a forum selection clause in k unless public interest dictates otherwise

always to a court where it could have been filed (SMJ, PJ over Ds, proper venue)

Question 7

What law to apply if venue is transferred:

Answer 7

original venue proper- law of state of transferor

original venue improper- law of new state of transferee

Question 8

When can you remove from state to fed court?

Answer 8

by D if both:

1. case could have originally been filed in fed ct
2. cases removed for diversity, no D is a citizen of state where filed, as of date of removal

D can’t remove for fed question if no original fed question J

Fed ct may choose to hear a state ct action which is federal

Question 9

Who can remove?

Answer 9

Only D

More than 1 D- all Ds properly joined and served must join in petition for removal

Question 10

State court with 1 fed claim, can you remove?

Answer 10

1. no diversity or sup J- entire case may be removed to fed ct
   
   • multiple Ds- D’s related to fed claim must join in removal
   • fed ct must sever and remand state claims back

Question 11

When you can remove in diversity cases?

Answer 11

1. may remove if non diverse party is dismissed, unless
   
   • 1 D is citizen of state of the state action
   • more than 1 year since state action commenced (unless P acted in bad faith to prevent D from removing)

for diversity removal, ct may find by a preponderance of the ev that a P seeking nonmentary relief exceeds 75k

Question 12

How to remove:

Answer 12

1. D must file notice of removal in fed district ct where action pending, within 30 days of being notified that the case is removable (via initial pleading/summons) (multiple Ds, go by last D given notice then early served D may join)
2. notice to other parties and state court

Question 13

P can remand a case back to state ct when:

Answer 13

1. fed no longer has fed J, all fed claims resolved

Question 14

FFC

Answer 14

fed court must recognize fed ct judgments

Question 15

Fed court enjoining pending state action (civil)

injunction

Answer 15

Fed court cannot unless:

1. expressly auth by statue
2. when necessary in aid of its J
3. to protect or effectuate its judgments

if not enjoined, case decided first has preclusive effect on the other

Question 16

Fed court enjoining pending state action (criminal)

injunction

Answer 16

Fed court cannot unless:

• irreparable harm is clear and imminent (serious interference with 1st A rights)
• and appellate remedy is inadequate to provide relief