Venue 28 U.S.C. § 1391 "except as otherwise provided by law.."
28 U.S.C. § 1391
"except as otherwise provided by law.."
TRANSFER OF VENUE
(standard of review =
28 U.S.C. § 1406:
Cure or Waiver of Defects
A district court in which is filed a case laying venue in the wrong division or district
if it be in the
interest of justice, transfer
such case to any district or division
in which it could have been brought
28 U.S.C. § 1631:
Transfer to Cure Want of Jurisdiction
If a district court finds that there is
want of jurisdiction
, the court shall, if it is in the
interest of justice
, transfer where action
could have been brought at time it was filed or noticed
. Shall proceed with date of file.
Forum Non Conveniens
Piper Aircraft v. Reyno
A court with jurisdiction declines to exercise it due to the fact that another court with equal jurisdiction is significantly more convenient for parties.
When a chosen forum is
inappropriate or the alternative forum is substantially more convenient
private and public factors
, the court may, in its
, refuse to hear the case.
Can compel witnesses to trial in new place?
Can enforce judgement?
Cost of litigation
Other problems (e.g. language issues)
Access to proof
Choice of law issues and familiarity of court with law to be applied
Local interest in case
Backlog of respective courts
Burden on local court and community in hearing a case not related to their forum.
If opposing motion to dismiss based on Forum Non Conveniens, ask court not to transfer unless there truly is another forum where Plaintiff can go which not barred by the statute of limitations (SOL).
ask court to require:
a. Def. waive SOL that accrued after suit in this case filed,
b. Def. waive PJ in new court
c. Def. agree not to file another motion FNC in that new court
28 U.S.C. § 1404:
Change of Venue
28 U.S.C. § 1404(a): For the
convenience of parties
, in the
interest of justice
, a district court may transfer any civil action to any other district or division...
In which all parties have consented
Where it might have been brought
Public and Private Factors of the Interest of Justice
Is the judicial economy best served by keep or transfer?
Is there any local interest?
Is one of the two courts is more familiar with the governing law?
Where did the plaintiff choose?
given great weight
What is the comparative ease between two courts in enforcing justice?
Where the claim arose
Location of the physical evidence
Was a forum-selection clause involved?
Not controlling, but great weight is given because it shows where parties think is most convenient
28 U.S.C. §1391(b)(1)
A judicial district in which
defendants are residents of the state in which the district is located;
Reside wherever a court may have personal jurisdiction over it for this claim.
28 U.S.C. §1391(c)(2)
Natural Person or Permanent Resident Alien
Reside in the state which one is domicled.
28 U.S.C. §1391(c)(1).
Venue is proper in any judicial district.
28 U.S.C. §1391(c)(3)
Corporation in state with multiple districts
In the district in which its contacts are sufficient for PJ (look at each district as a separate state). If none, then district with most contacts.
28 U.S.C. §1391(d)
28 U.S.C. §1391(b)(2)
A judicial district in which a
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;
28 U.S.C. §1391(b)(3)
If there is
in the United States
which satisfies (b)(1) or (b)(2), a judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action.