Other Transfers within the same District (1404b): Sue Sponte Transfers (1404c): Assuming Improper Initial Venue (28 USC 1406) = dismissal Waiver (1406b): If venue is improper, a party waives its right to challenge J if it does not interpose a timely and sufficient objection to venue. Forum Non Conveniens (FNC) Proper Forum to Begin with Venue SMJ PJ Is there an adequate, available and alternative forum? Justifiable Belief Inadequate Justifiable Belief = massive corruption or procedural unfavorable law barrier: Conditional Dismissal: Public/Private Interest Factors: Less deference is given to the forum chosen by an alien than chosen by an alien than a forum selected by a citizen. Public Factors Administrative difficulties Forum Interest Local interest in having localized controversies decided – at home (Choice of Law) Desire to have a case tried in a forum well versed in the law that will apply
Other Transfers within the same District (1404b): Sue Sponte Transfers (1404c): Assuming Improper Initial Venue (28 USC 1406) = dismissal Waiver (1406b): If venue is improper, a party waives its right to challenge J if it does not interpose a timely and sufficient objection to venue. Forum Non Conveniens (FNC) Proper Forum to Begin with Venue SMJ PJ Is there an adequate, available and alternative forum? Justifiable Belief Inadequate Justifiable Belief = massive corruption or procedural barrier: unfavorable law Conditional Dismissal: Public/Private Interest Factors: Less deference is given to the forum chosen by an alien than chosen by an alien than a forum selected by a citizen. Public Factors Administrative difficulties Forum Interest – Local interest in having localized controversies decided at home (Choice of Law) Desire to have a case tried in a forum well versed in the law that will apply
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