Basic Venue
Which statute governs general federal venue in civil actions?28 U.S.C. § 1391.
28 U.S.C. § 1391
Under 28 U.S.C. § 1391(b)(1), where can a civil action be brought?
In a judicial district where any defendant resides, if all defendants are residents of the State in which the district is located.
Which statute allows for venue transfer for the convenience of parties and witnesses in the interest of justice?
28 U.S.C. § 1404(a)
Under § 1391(c)(1), where does an individual defendant reside for venue purposes?
An individual defendant resides in the judicial district where they are domiciled.
What is the purpose of venue in both state and federal courts?
To ensure that a case is litigated in a court that is conveniently located and has some connection to the lawsuit or to one or both of the parties.
What is the fallback provision in 28 U.S.C. § 1391(b)(3)?
If no district exists under (b)(1) or (b)(2), the action can be brought in any judicial district where any defendant is subject to the court’s personal jurisdiction.
What is the primary difference between § 1404(a) transfers and forum non conveniens (FNC)?
§ 1404(a) allows transfer between federal courts within the U.S., while FNC is used to dismiss a case when the more appropriate forum is in a foreign country or, in state courts, in another state.
In Federal Court, how does the forum non conveniens doctrine differ from § 1404(a) transfer?
Unlike § 1404(a), which only transfers cases within the federal system, forum non conveniens is used to dismiss a case when the better forum is in another country or outside the federal system.
Give two ways that venue differs from subject matter jurisdiction?
1. Based on geographic location / not authority of type of case
2. Waivable
3. Curable if Improper
4. Statutorily based only
According to 28 U.S.C. § 1391(c)(2), where does a corporation reside for venue purposes?
In any judicial district where it is subject to personal jurisdiction with respect to the civil action.
What are the two showings required for a § 1404(a) transfer to be granted?
(1) The plaintiff could have brought the action in the transferee court, and
(2) Private and public interest factors must favor transfer.
What is a specialized venue statute, and give an example?
A specialized venue statute is a venue rule created for specific types of cases
Copyright and patent cases under 28 U.S.C. § 1400
Employee discrimination 42 USC § 2000
Removal Statute 28 U.S.C. § 1441
What does a state court use to dismiss a case when another state would be a more appropriate forum, and why can’t it transfer the case?
Forum non conveniens, because state courts do not have the power to transfer cases to other state courts, unlike federal courts which can transfer within the federal system using § 1404(a).
What terms/phrases did the District Court and 1st Circuit Court use for "Substantial Part" in determining whether venue was proper in Uffner?
DC: "Triggering Event"
1st Circuit: "Entire sequence of events underlying the claim"
What is the maximum amount of possible venue locations under the "A Substantial Part" test?
Trick question. No maximum. The standard under § 1391(b)(2) evaluates whether significant events or omissions material to the claim occurred in the district, allowing venue to be proper in any number of districts at maximum.
In MacMunn v. Eli Lilly, under which statute did the defendant move to transfer venue from D.C. to Massachusetts, and who had the burden of proof?
The defendant moved under § 1404(a), and the defendant had the burden to prove the transfer was proper.
How does venue work in removal cases under 28 U.S.C. § 1441(a)?
The removal statute is a specialized venue statute, and § 1391 does not apply
1441(a) Rule: A civil action filed in a state court may be removed to the federal district court that embraces the location of the state court where the action was filed.
What is the effect of forum selection and choice of law clauses in contracts?
Although these contractual clauses are not binding on federal courts, the courts give forum selection clauses great weight and generally ignore private interest factors related to convenience of the parties.
What is the significance of the 2011 amendments to 28 U.S.C. § 1391?
Eliminated the separate venue provisions for federal question cases (§ 1391(a)) and diversity cases (§ 1391(b)), creating a single, unified venue statute for all civil actions in federal court.
What effect does a Non-Resident Defendant have, according to 28 U.S.C. § 1391(c)(3), with regard to joinder and venue?
When multiple defendants are joined in the same lawsuit, the non-U.S. defendant’s residency is disregarded in the venue analysis for the remaining defendants.
What is the impact on choice-of-law rules when a case is transferred under § 1404(a) compared to § 1406(a)?
§ 1404(a): The transferee court must apply the transferor court’s choice-of-law rules
§ 1406(a): The transferee court applies its own choice-of-law rules.
What is the key limitation on federal court transfers under § 1404(a) according to Hoffman v. Blaski?
The defendant cannot unilaterally claim a case might have been brought in the transferee court if it requires waiving objections to personal jurisdiction or venue.
Name any 3 of the 6 Private-interest considerations for § 1404?
1. The plaintiff's choice of forum, unless the balance of convenience is strongly in favor of the defendants;
2. The defendant's choice of forum;
3. Whether the claim arose elsewhere;
4. he convenience of the parties;
5. The convenience of the witnesses; and
6. The ease of access to sources of proof. (MacMunn v. Eli Lilly Co)