Venue, Transfer, and Forum Non Conveniens

Question 1

Venue

Answer 1

Which federal court a case is brought in (i.e., which district)

Question 2

Plaintiff’s proper venue choices

Answer 2

A Plaintiff filing in federal court may choose any federal district where:
1. All defendants reside (residential venue); or
-If multiple defendants reside in multiple districts in the same state, P can choose a venue in either district
2. A substantial part of the claim arose/property involved is located (transactional venue)
-A substantial part of the claim can arise in multiple districts
-i.e., contract entered into in state A and performed in state B

Note: this rule does not apply to cases removed from state to court where the venue is the federal district embracing the state court where the action was filed

Question 3

Where defendants “reside”

Answer 3

Human: in the federal district where he is domiciled

Business: all federal districts where it is subject to PJ
-Corporation: all states incorporated + PPOB
-Unincorporated: based on members’ residence

Question 4

Venue transfer

Answer 4

Transfer goes from one trial court to another trial court in the same judicial system
-Transferee must be a proper venue + have PJ over defendant without waiver

Two types of statutes:

1. If original district is a proper venue, the court can order a transfer based on convenience of parties and witnesses and in the interests of justice
   -Burden is on party seeking transfer (usually defendant)
   -Court considers both private and public factors
   -Transferor court choice of law rules apply unless FSC applies
2. If original district is an improper venue, the court may transfer in the interest of justice, if possible, or dismiss
   -Transferee court choice of law rules apply

Question 5

Forum Selection Clause (FSC)

Answer 5

A provision in which the parties agree that a dispute between them will be litigated in a particular place
-Federal court may enforce a reasonable FSC even if state law prohibits
-Only public interest factors are considered in FSC transfer
-When transfer is to enforce FSC, the transferee’s choice of law rules apply

Question 6

Forum non conveniens (FNC)

Answer 6

Allows a court to decline its jurisdiction when another court in a different judicial system is better suited to hear the case (i.e., foreign court)
-A court invoking FNC will stay or dismiss the case to allow the plaintiff to sue in the correct
-Other court must adequate, which it will be unless the plaintiff cannot get a remedy there
-Based on public and private factors, including existence of FSC

Question 7

Public factors

Answer 7

1. What law applies
2. What community should be burdened by jury service
3. The desire to keep a local controversy in a local court

Question 8

Private factors

Answer 8

Convenience (i.e., location of defendant and where evidence was found)