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 (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.

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.

Transfer v. Dismissal

Motion to Dismiss

Motion to Transfer

Incorrect Venue

28 U.S.C. §1406

Correct Venue

28 U.S.C. §1404

Forum non conveniens