Venue
General Rule
28 U.S.C. §1391(b) — Venue in General
[1] Domicile
A defendant resides in the state, and all defendants are residents of that State.
[2] Fact-Based
A substantial part of the events or omissions giving rise to the claim occurred in the venue, or a substantial part of property that is the subject of the action is situated there.
[3] Personal Jurisdiction (Last-Resort Fallback)
If there is no district anywhere, either in or out-of-state, where [1] or [2] are met, then the court will ask where there is personal jurisdiction over any defendant?
Defective Venue: Transfer or Dismissal?
28 U.S.C. §1404 — Change of venue
(a) 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.
• The Court will ask:
[1] Whether the case “might have been brought” in the other venue.
[2] Whether transferring the case to that venue would promote the convenience of the parties and witnesses as well as the interests of justice.
28 U.S.C. §1406 — Cure or waiver of defects
(a) 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 interests of justice, transfer such case to any district or division in which it could have been brought
General Rule: in practice, transfers are preferred over dismissal. Judges cannot initiate transfers between two different court systems; only defendants can exercise their right to remove a case to federal court.
Waiver: A defendant waives the right to plead §1406 if they remove their case to federal court.
Forum Non Conveniens — Common Law Rule
Forum Non Conveniens: dismissal of a case may be appropriate if holding a trial in the plaintiff’s chosen forum would impose a heavy burden on the defendant or the court, and the plaintiff cannot provide specific reasons of convenience to support their choice.
• Change of Law: the possibility of an unfavorable change in the applicable law should not be given conclusive or substantial weight in the forum non conveniens analysis.
• Foreign Plaintiffs: a plaintiff’s choice of forum is entitled to less deference if they are foreign to the jurisdiction in which they file the case.
