VENUE AND FORUM NON CONVENIENS Venue Treat each district as an individual state – Federal Venue Provisions (proper venue) § 1391 – District where any resides if all are in the same state Δ Δ Place where substantial part of events occur District in which any is subject to PJ when action commenced if there is no Δ other suitable district Corporations are done like minimum contacts Aliens are good in any district District court can transfer to another court where venue was also appropriate § 1404 – and is maybe more convenient can transfer or dismiss in cases where venue is improper § 1406 – in diversity, transferor venue law follows the case Van Dusen – if transferred to cure personal jurisdiction, transferee applies § 1631 – Forum non Conveniens Threshold: Adequate alternate Factors (Gilbert factors from Iragorri) Factor #1: Deference to choice of forum Π’s Must be an adequate alternative forum Factor #2: Public vs. Private interests Are there significant disadvantages in the alternate forum? Can be granted even if other forum is less (Piper) Π-friendly Can bring suit there at all? Π Can get any kind of recovery? Π Only if it is so bad there is no remedy at all Must give deference to choice of forum (Factor #1) Π’s Is forum shopping? Π Can get jurisdiction over here/there? Π Δ’s Where was the harm felt? Sliding scale at home, strong; foreign, weak (Iragorri – Π Π Convenience forum is actually convenient for all parties? – Public vs Private Interests (Factor #2) Private Factors: sources of proof, availability of PJ, cost of obtaining witnesses, other issues with making easy Public Factors: Burden on court, choice of law difficulties Is someone gaming the system? (Iragorri forum shopping) – Δ Greater implications? (Iragorri faulty elevators in use in the – Will granting J create flood gates? (Piper aliens want to try tort cases – in US) Problems of Which state law? enforceability? Is a conflict? Which side wants what? (Gilbert) RDA Can dismiss on FNC Sinochem – REA Statutory – without determining PJ first REA Constitutional – ASCERTAINING APPLICABLE LAW
VENUE AND FORUM NON CONVENIENS Venue – Treat each district as an individual state § 1391 – Federal Venue Provisions (proper venue) District where any Δ resides if all Δ are in the same state Place where substantial part of events occur District in which any Δ is subject to PJ when action commenced if there is no other suitable district Corporations are done like minimum contacts Aliens are good in any district § 1404 – District court can transfer to another court where venue was also appropriate and is maybe more convenient § 1406 – can transfer or dismiss in cases where venue is improper Van Dusen – in diversity, transferor venue law follows the case § 1631 – if transferred to cure personal jurisdiction, transferee applies Threshold: Adequate alternate Factor #1: Deference to Π’s choice of forum Factor #2: Public vs. Private interests Forum non Conveniens Factors (Gilbert factors from Iragorri) Must be an adequate alternative forum Are there significant disadvantages in the alternate forum? Can be granted even if other forum is less Π-friendly (Piper) Can Π bring suit there at all? Can Π get any kind of recovery? Only if it is so bad there is no remedy at all Must give deference to Π’s choice of forum (Factor #1) Is Π forum shopping? Can Π get jurisdiction over Δ’s here/there? Where was the harm felt? Sliding scale – Π at home, strong; Π foreign, weak (Iragorri Convenience – forum is actually convenient for all parties? Public vs Private Interests (Factor #2) Private Factors: sources of proof, availability of PJ, cost of obtaining witnesses, other issues with making easy Public Factors: Burden on court, choice of law difficulties Is someone gaming the system? (Iragorri – Δ forum shopping) Greater implications? (Iragorri – faulty elevators in use in the Will granting J create flood gates? (Piper – aliens want to try tort cases in US) Problems of enforceability? (Gilbert) Sinochem – Can dismiss on FNC without determining PJ first Which state law? Is a conflict? Which side wants what? RDA REA – Statutory REA – Constitutional ASCERTAINING APPLICABLE LAW
CivPro_McKenzie_Fall_2011.docx