Venue In Federal Court

Venue - General rule

—venue proper in judicial district where any defendant resides in state, where all defendants reside, where substantial part of events or omissions occurred, or where property that is subject of action is located (otherwise where any defendant is subject to personal jurisdiction)

Venue - Residence

—judicial district where defendant is domiciled for individual; , where defendant subject to personal jurisdiction for an entity, or when entity is plaintiff, where principal place of business is located

Original venue proper

• General rule—transfer permitted to any district where case might have been brought or to which all parties consent

• Diversity jurisdiction—new district court must apply law from previous court

Original venue proper - FQ

Federal question—new district court in another appellate circuit will apply federal law as interpreted by its court of appeals (not appellate circuit of transferring district court)

DE point of Law - Forum Selection Clause

DE Point of Law—forum-selection clauses generally valid in DE unless shown by resisting party to be unreasonable under circumstances; cannot confer subject matter jurisdiction or venue where it otherwise is not available

Original venue improper

• General rule—dismiss case or transfer case to proper district if it is in interest of justice

• Diversity jurisdiction—district court to which case is transferred applies choice of law rules of state where it is located (not state law of court transferring case)

• Federal question—new court will apply its own court of appeals’ interpretation of law (not appellate circuit of transferring district court)

• No personal jurisdiction—court lacking personal jurisdiction over defendant may transfer case to different venue

Forum non conveniens

Federal—only used when forum deemed most appropriate for action is a state or foreign court

• Burden generally on defendant, but if forum-selection clause designates state or foreign court, burden shifts to plaintiff

• DE Distinction—burden on defendant to demonstrate that litigating in plaintiff’s chosen forum would present particularized and overwhelming hardship.