Venue, Transfer and Forum Non Conveniens Flashcards
Forum Selection (19 cards)
Venue def
Venue tells us exactly where to bring it, in which federal court - which federal districts
Basic choices under the venue statute !!!
P may lay venue in any district where: 1 - all Ds reside (residential venue) or 2 - a substantial part of the claim arose or a substantial part of the property involved in the lawsuit is located (transactional venue)
Venue for removed cases
Venue is in the federal district embracing the state court where the action was filed
Where claim can arise for transactional venue
Can arise in more than one district
Misc venue matters
Does not matter where the P resides, venue rules are the same for diversity or FQ cases, if D resides outside the US, venue is proper in any fed district ct, but if another D does reside in the US then venue must be proper for them
Where D’s reside for venue !!!
Human resides where domiciled and a business resides in all districts where it is subject to PJ for the case
Transfer of Venue !!!
Transfer goes from one trial court in a judicial system to another trial court in the same judicial system - fed to fed, but not fed to state
Transfer of Venue: Transferor and Transferee
The transferee must be a proper venue and have PJ over the D - and generally those must be true without waiver by the D
Statue #1 - Transfer from a Proper Venue
If original district is proper venue, that court can order transfer based on convenience of parties and witnesses in the interests of justice. Burden is on the person seeking transfer (usually the D)
Statute #1 - Factors showing that another court is the center of gravity for the case
Public - the court will consider things like what law applies, what community should be burdened with jury service, the desire to keep a local controversy in local court; Private - the court considers convenience
Statute #1 - effect on choice of law
When a diversity case, the transferee court must apply the choice of law rules of the transferor court unless transfer is to give effect to a valid forum selection clause
Statute #1 - effect of forum selection clause
Forum selection clause: fed law enforces FSCs if they are not reasonable, some states do not but fed law governs transfer. When valid FSC, only public interest factors are considered and the transferee court will apply its own choice of law rules
Statue #2 - Original Venue is Improper
Court may transfer in the interest of justice or dismiss - court will usually transfer if possible
Statue #2 - diversity case transfer
Transfer of a diversity case bc the original venue is improper, the transferee applies its own choice of law rules
Forum non conveniens !!!!
Applies when there is another court that is the center of gravity for the case - the court cannot transfer the case to that court because it is in a different judicial system
FNC: court can transfer a case only to another court in the same judicial system
Court invoking FNC will stay (hold it in abeyance) or dismiss the case
FNC: Dismisses or Stays
P will then sue in other court and the court may impose conditions on the party requesting transfer such as requiring them to waive service of process
FNC: Factors considered
Based on the same public and private factors as transfer, including the existence of a valid forum selection clause
FNC: Other court must be adequate
Other court must be available and “adequate” - usually adequate unless P can get no remedy there
