venue, transfer, forum non conveniens

Question 1

venue

Answer 1

• where to bring case (in which fed court to bring it)
• pff wants to lay venue in proper federal district

Question 2

can improper venue be waived?

Answer 2

defendant can inform plaintiff that he will waive any objection to venue

Question 3

choices under venue statute (for cases initially filed in fed ct)

Answer 3

pff can lay venue in any FED DISTRICT where
1. all D’s reside (residential venue); or
if D’s reside in diff states, venue can’t be based on D’s residence
^one nuance: if both D’s reside in same state, you can choose either district of where the D’s live
2. a substantial part of the claim arose or a substantial part of property involved in suit is located (transactional venue)

Question 4

where D’s reside for venue purposes

Humans v. Businesses

Answer 4

• human resides in the fed district where she’s domiciled
• business resides in all districts where it is subject to PJ for the case

Question 5

transfer rule

Answer 5

• transfer goes from one trial ct in a judicial system to another trial ct in SAME judicial system (fed district ct can transfer case to another fed district ct – can’t transfer case to state ct)
• original court is transferor and one to which case is sent is the transferee
• BUT the (1) transferee court must be a proper venue and (2) transferee court must have PJ over the defendant and those must be true WITHOUT waiver by the D

Question 6

what law governs transfer?

Answer 6

federal law

Question 7

TRANSFER from proper original venue

Answer 7

• if the original district is proper venue, the ct can order transfer based on convenience of parties and witnesses (the transferee court must apply choice of law rules of the transferor court)
• court will consider public [which community should be burdened w/ jury service, etc.] and private [convenience, etc.] factors
• burden is on person seeking transfer (usually the DEFENDANT)

Minor exception: court can transfer to any district (even an improper venue) if all parties consent and court finds cause for transfer

Question 8

effect of forum selection clause (transfer from proper original venue)

Answer 8

• parties agree that a dispute b/w them will be litigated in a certain place
• if one party sues other in violation of the FSC, the D may seek to enforce FORUM SELECTION CLAUSE through a motion to transfer

ONLY public interest factors are considered for transfer when there’s valid FSC

Question 9

original venue is improper

Answer 9

• if original district is an improper venue, the ct can transfer in interest of justice or dismiss — usually court will transfer

Question 10

forum non conveniens

Answer 10

• when there is another court in a different judicial system that is more appropriate but case can’t be transferred there
• court, using its discretion, invokes FNC — will stay or dismiss the case
• the other court must be available and ADEQUATE