Venue, Transfer, and Forum Non Conveniens

Venue determines the specific federal […] where a case can be brought

district

Venue is proper in any district where any defendant resides IF […] reside in the State where the district is located

all defendants

Transactional Venue: A plaintiff may lay venue in any district:

• where a substantial part of the claim [..1..] OR

• where a substantial part of the [..2..] involved in the suit is located

arose, property

If the case was [..1..], residential and transactional venue provisions [..2..]

removed, do not apply

For removed cases, venue may ONLY be the federal district that geographically [..1..] the [..2..] court where the case was initially filed

embraces, state

When ALL defendants reside in different districts of the forum state, venue is propert in [..1..] district where any one [..2..] resides

any, defendant

A substantial part of the claim can arise in [...] districts

multiple

For venue purposes, the [...] residence is not considered when determining where all defendants reside

plaintiff's

Venue rules are the [..1..] for diversity and [..2..] cases

same, federal question

If a defendant resides [..1..] the US, venue is proper in any [..2..] district. However, if there is another [..3..] in the case who DOES RESIDE in the US, venue must be [..4..] as to that US-residing defendant

outside, federal, defendant, proper

proper, US-residing defendant

For venue purposes, a human resides in the federal district where she is […]

domiciled

For venue purposes, a business resides in ALL districts where the business is subject to […] for that case

PJ

Transfer of venue takes a case from one trial court to another trial court within the [..1..] judicial [..2..]

same, system

A federal district court may ONLY transfer a case to another […] district court

federal

A federal court cannot transfer a case to a […] court

state

The original court is the called the […] court

transferor

The court to which the case is transferred is the called the […] court

transferee

The transferee district must:

• be a proper [..1..] AND

• have [..2..] over the defendant(s)

venue, PJ

Generally, venue and PJ in the transferee district must be proper without [..1..] by the defendant. Exception: Under transfer statute #1, the court can transfer the case to any district—even an improper venue—if ALL PARTIES [..2..] AND the court [..3..] for the transfer

waiver, consent, finds cause

Exception: Under transfer statute number one, the court can transfer to any district, even an improper venue, if all parties [..1..] AND the court [..2..] for the transfer

consent, finds cause

Transfer statute #1 applies when the original federal district court is a […] venue

proper

Under transfer statute #1 (original venue proper), the court can order transfer based on:

• convenience of the [..1..],

• convenience of the [..2..], and

• in the interests of [..3..]

parties, witnesses, justice

Under transfer statute #1 (original venue proper), the burden is on the person […]

seeking transfer

Under transfer statute #1 (original venue proper), the court will consider [..1..] and [..2..] interest factors

public, private

Public interest factors for transfer include:

• [..1..],

• community [..2..] of jury service, and

• keeping [..3..] in local courts

applicable law, burden, local controversies

Private factors for transfer relate to [..1..], such as:

• where [..2..] and [..3..] are located and

• where the [..4..] of the case took occurred

convenience, defendants, evidence, events

Choice of law under transfer statute #1 (from proper venue): The transferee court must apply the choice of law rules of the [..1..] court, UNLESS the transfer is to give effect to a valid [..2..]

transferor, forum selection clause

A forum selection clause is a provision in a [..1..] where parties agree that a dispute will be litigated in a [..2..]

contract, particular place

Federal law enforces forum selection clauses as long as they are not […]

unreasonable

In federal court, […] law governs transfer

federal

When a transfer motion is based on a valid forum selection clause, the court will only consider [...] interest factors

public

When a transfer is to enforce a forum selection clause, the transferee court will apply its own […]

choice of law rules

Transfer statute #2 applies when the original federal venue is […]

improper

If the original federal district is an improper venue, the court may [..1..] the case in the interests of [..2..] OR [..3..] the case

transfer, justice, dismiss

When a federal court transfers a diversity case because the original venue was improper, the transferee court will use its own […] rules

own choice law

Forum non conveniens applies when another court is the [..1..] of the case BUT it is located in a different judicial [..2..], making [..3..] impossible

center of gravity, system, transfer

A court invoking forum non conveniens will either [..1..] or [..2..] the case

stay, dismiss

When granting a FNC motion, the court usually imposes […] on the defendant

conditions

The FNC decision is based on the same [..1..] and [..2..] factors as transfer statute #1, including the existence of a valid forum [..3..]

public, private, selection clause

For FNC, the alternative court must be [..1..] and [..2..]

available, adequate

An alternative forum for FNC is usually considered adequate UNLESS the plaintiff can get no […] there at all

remedy

T/F: Venue is waived unless a timely objection is made to the improper venue in a pre-pleading motion or in the answer when no such motion is made

T

When a transfer is based on improper venue, which law applies in the transferee court?

transferee’s

When determining proper venue when a business is a party, check:

• where the business is subject to [..1..]

• where a substantial part of the claim [..2..] AND

• where a substantial part of the [..3..] involved in the suit is located

PJ, arose, property

(Y/N): Under transfer statute #1 (transfer from proper venue) does a strict time limit exist on when defendant must raise improper venue?

N

(Y/N): Under transfer statute #2 (transfer from improper venue) does a strict time limit exist on when defendant must raise improper venue?

Y

When a case is removed from state to federal court, removal is to the federal district court geographically embracing the state court where the action is pending, REGARDLESS of whether […] there under the general venue statute

venue is proper