Venue
Is this case properly in this federal court?
We look @§1391(a)
2-Ways to change
venue
1
When NOT
Proper
12(b)(3)
Improper Venue
§1391(b)(1)
Any district within
state if all residents
of same state
When Proper
1404(a) Transfer
to more proper
venue
§1391(d)
If 1 district, do analysis for
different state; if multiple
districts, same analysis for
districts
Resdident
§1391(c)(1)
Persons
§1391(c)(2)
Entities (Biz)
Where Domiciled
- if entity is D, PJ
analysis to determine
Residence
- If P, then venue is
PPB
§1391(c)(3)
Foreign Person/Entity
Any District
If NO, Go to #2
If YES, Venue
Proper
If established that venue is proper now we
must consider the following:
What to look at to know if court should transfer:
2
§1391(b)(2)
Where a substantial
part of the event or
omissions giving rise
to cause of action
occur (not all events)
If Yes, Venue
proper; if No, #3
3
§1391(b)(3)
If No District w/
venue, any state
where 1 party has PJ
If Yes, Venue
proper; if No,
Venue Improper
(1) P's chosen venue
- What venue did the P choose
- Court gives deference to venue that P chose if
P if P sues at home (venue privilege)
- 1391(c) defines home
(2) FORUM OF NON CONVENIENS
- Weigh private Interests and public interests.
* Private Interests
- relative ease of access to sources of proof
- availability of compulsory process for
attendance of unwilling
- and the cost of obtaining attendance of
willing witnesses
- possibility of view premises, if view would be
appropriate to the action; and
- all other practical problems that make trial of
a case easy, expeditious and inexpensive
* Public Interests
- the administrative difficulties flowing from
court congestion;
- the local interest in having localized
controversies decided at home
- the interest in having the trial of a diversity
case in a forum that is at home with the law
IMPORTANT: private interest outweigh public
interests