Venue, Transfer and Forum Non Conveniens

Question 1

venue

Answer 1

which court (SMJ is can take to fed court)

Question 2

venue choices

Answer 2

may lay venue in any district where

1. all Ds reside
2. substnatial part of the claim arose (can be more than 1 district)

IF REMOVED TO FEDERAL COURT MUST BE IN THE FEDERLA COURT EMBRACING THE STATE COURT

If D is not in US, can lay venue in any district

if multiple Ds all in different forums of 1 state, can lay venue in any district where a D resides

Question 3

venue for person and corp

Answer 3

same as personal jurisdiction

person - domiciled

corp - nerve center/HQ and PPB

LLC / LP - where all members

Question 4

trasnfer venue

Answer 4

transferee court must be a proper venue and have PJ over the D

IF no PJ and venue is not proper, can only transfer if all parties agree and court finds a cause for transfer

Question 5

transfer statutes

Answer 5

statute 1 - if OG district is a proper venue, court cantransfer based on convenience of parties and wtinessses and in the interest of justice.

Burden - on D - must show public and private factors tha thte transferee court is the center of gravity
PUBLIC FATROS - what law applies, what community should be burdened with jury service, deire to keep a local controversy local

PRVIATE FACTORs - convenience liek where evidence and witnesses are, valid forum selection clause

transferee court to apply laws of transferor court unless a forum selection clause is the reason for transfer

STATUTE 2 - if the OG district is an improper venue, it may trnasfer in the interest of justice or DISMISS