28 USC 1391
28 U.S.C. § 1391
What is Venue Generally?
What is "the defendant"?
28 U.S.C. § 1406 (a) and (b)
What is "curing defective venue"?
What is "the attempt to add additional claims or parties in a location where venue is proper for other claims and parties"?
Forum non Conveniens
What is "A motion to dismiss the case, usually by the defendant. The motion asks the district to dismiss the case, even though current venue is proper. Essentially, the the party making the motion is arguing that there is a motion is arguing that there is a far more convenient, but non-federal, forum for the lawsuit."?
(d) residency of corporations in states with multiple districts...
What is "a corporation shall be deemed to reside in any district in that state which its contacts would be sufficient to subject it to personal jurisdiction if that district were a separate state AND if there is no such district, the corporation shall be deemed to reside in the district within which is has the most significant contacts."?
28 U.S.C. § 1404
What is "change of venue"?
What is ...
"Administrative difficulties from court congestion
Local interest in having localized disputes decided at home
Interest in having a diversity case tried in a forum that is familiar with the law" ?
Forum non conveniens is used when
What is "the lawsuit is about a contract that has a forum selection clause that specifies a state court or a foreign court as the contracted-for venue"?
AND " almost always when the more convenient forum is in a different country"?
(c) For all venue purposes...
(1) a natural person, including an alien lawfully admitted for permanent residence in the United States, shall be deemed to reside in the judicial district in which that person is domiciled;
(2) an entity with the capacity to sue and be sued in its common name under applicable law, whether or not incorporated, shall be deemed to reside, if a defendant, in any judicial district in which such defendant is subject to personal jurisdiction
(3) a defendant not resident in the United States may be sued in any judicial district, and the joinder of such a defendant shall be disregarded in determining where the action may be brought with respect to other defendants.
Not a problem in change of venue cases...
what is "statute of limitations"?
28 U.S.C. § 1406(a).
What is "the district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought."?
Required for exercising pendant venue
What is "the forum court must be proper for at least one claim, and the claims for which venue is not proper must arise out of a common nucleus of operative fact"?
(b) a civil action may be brought in...
What is...
(1) a judicial district in which ANY defendant resides, if all defendants are residents of the state in which the district is located.
(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) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action.
28 U.S.C. § 1404(a)
What is "for the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which ALL parties have consented"?
28 U.S.C. § 1406(b)
What is "“Nothing in this chapter shall impair the jurisdiction of a district court of any matter involving a party who does not interpose timely and sufficient objection to the venue”"?
This makes pendant venue less likely
What is "special venue statutes (i.e. pendant venue)"?
The initial venue, of the multiple valid venues...
What is "the plaintiff's initial choice"?
Private factors in a transfer motion...
What is...
"Relative ease of access to evidence
Availability of compulsory process for unwilling witnesses
Costs of obtaining willing witnesses
Possibility of viewing the premises at issue
Other practical problems for an efficient trial
Plaintiff’s choice of forum"?