Venue, Transfer, and Forum Non Conveniens Flashcards
Plaintiff may lay venue in any federal district where (either):
- Any district where all Ds reside (residential venue); OR
- Where a substantial part of claim arose or substantial part of property is located (transactional venue).
HYPO: Plaintiff, residing in Massachusetts, wants to sue D1, residing in the N. Dist. of Caliornia and D2, who resides in the W. Dist. of Texas for $200,000 for a breach of contract that occurred in Wyoming. Where would venue be appropriate?
Wyoming
When all Ds are from the same state, but different districts, where is venue appropriate?
Venue would be proper in any district where a D resides.
For residential venue purposes, where is venue proper for a business?
Any district where the business is subject to PJ for the case.
A transfer is when…
A case goes from one trial court to another trial court in the same judicial system.
If a case is transferred to another federal court, what must still be proper?
Venue and PJ
What factors will a court look to in determinine whether to transfer a case from a proper venue?
(1) Convenience of the parties and witnesses; and
(2) The interests of justice.
Public and private factors
When a case is transferred to another federal court, what choice of law rules should they apply?
Transferor state’s rules.
What should a federal court do if a case was improperly filed in the wrong venue?
Either:
1. Transfer, if it is in the interest of justice; or
2. Dismiss the case.
When does forum non conveniens apply?
When there is another court that is the center of gravity of the case, but that is in another judicial system.
A court invoking forum non conveniens will either:
- Stay the case; or
- Dismiss the case.
When will conveniens forum be inadequate?
When there would be no available relief for the Plaintiff.
