? 's venue rights; Finding Venue
? 's venue rights; Transfer of Venue
Subject
Matter
Jurisdiction
1) Is the case removed from a state action?
§ 1391 does NOT apply to removed actions.
Instead, see § 1441(a)
If so, the proper venue is "the district and
division embracing the place where such action
is pending.
Presonal
Jurisdiction
2) Venue is ? 's Privilege - Objecting
Rule 12(b)(3) - Defense to object to venue
BEFORE pleading.
Rule 12(h)(1) - Waivable defense - LOST if not
raised.
3) Venue is proper when... § 1391(b)
(1) "residency" - judicial district in which any ? resides, if all
? s are residents of the state in which the district is located;
OR
(2) a judicial district in which "a substantial part of the
events or omissions giving rise to the claim occurred, or a
substantial part of property that is the subject of the action
is situated; OR
(3) "fallback prvisn" if first two cannot create venue, then
any judicial district in which any ? is subject to personal
jurisdiction with respect to the given action. (ie view the
district as a state for purposes of det. PJ
Non-Statutory Execption: Forum selection clauses are
often given effect (since forum is ? 's privilege)
§ 1391(b)(1)
residence det.
Is ? a resident of the
district? § 1391(c)
(1) natural people =
district of domicle
(2) legal entity/ bsnss
If as ? ; anywhere
subject to personal jur.
If as ? ; only at the
PPoB
(3) non-resident as ?
venue is proper
anywhere. Joinder of this
kind of ? will not impact
venue det.
Transfer Venue §§ 1404(a),(b)
Common traits.
Transferor: COURT originally filed in
Transferee: COURT to be
transfered to
Any venue transfer MUST:
- Be w/n courts of same judicial
system (ie fedMA->fedNC, but not
statNC->statMA)
- Transferee must be a proper
venue per §1391 and have proper
PJ over ? ; ? cannot waive venue &
PJ to accomplish this
Venue
Parties also need a good...
VENUE
Analyze if the transferor proper ven?
§ 1404(a) - When transferor
is a proper venue
- Balance public and private
factors per Piper Aircraft for
transferor & transferee
Public Factors
-Court congestion
- Local interest in deciding home
cntrvrsys
- Diversity trial in home state law
- Avoid cnflict of laws
- Applctn of foreign law
- Unfairness of jury duty for
unrelated citizens
§ 1391(b)(2)
events or omissions
This provision will often
permit venue in several
locations on account of
the complexities of
interactions. Ex products
liability both where
product manufactured and
where injury occurred.
No.
Yes.
§ 1406(a) - When transferor
is NOT a proper venue Either;
- Transfer to proper venue; OR
- Dismiss the action
Private Factors
- Rltv ease of acces to evidence
- Avaliability of cmplsry process
for unwilling witnesses
- Cost of obtaining willing witnss
- Possible view of site of harm
- All other practical problems
that "make trial of a case easy,
expeditious, and inexpensive"
"Center of Gravity" of Case
If balance factors transferee: Court MAY, for such convenience,
for parties & witnesses. ENORMOUS room for court discretion.
NOTE: Forum selection clauses are hugely important in permitting
transfer, since both parties initially agreed to them.
? / Court's Decision to Dismiss for Lack of
Venue
Forum non conveniens
Note: This is considered a rare occurrence. See Piper.
? ?§
Court will dismiss entirely if there is a better court in
a different judicial system.
-Requires strong showing of:
1404 Transfer
Transferor choice of law applies
Public & Private Factors Listed above per Piper, AND
FNC Venue Swap
Transferee/ new court choice of
law applies
BOTH
Availability of Alt.
Venue
- Is a court in the
proper venue
available for kind
of trial?
Adequacy of Alt
Venue
- ONLY "day in court"
- NOT
Jury trial
Theory of Rcvry
Damages
AND
Usually ? must also waive statute of limitations or
personal jurisdiction requirements in other forum.