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Venue

QuestionAnswer
s1391 Venue is proper (1) where D resides, or (2) where substantial part of event occurred
Venue - Corporations/Aliens Corp. = where subject to PJ Aliens = any district where PJ is proper
Bates (Venue) venue is proper where a "substantial part of the event" occurs (note: this could be in multiple districts)
s1391(a): Diversity of Citizenship cases can only be brought... 1. any district D resides, if all Ds reside in the same State; 2. substantial party of event giving rise to claim occurs; 3. where D is subject to PJ at time action commenced
s1391(b): Action not based solely on DoC can be brought... 1. any district D resides, if all Ds reside in the same State; 2. substantial party of event giving rise to claim occurs; 3.____________________________________
Transfer of Cases in Fed. Ct. s1404 Venue & PJ proper
Forum Selection Clauses not dispositive weight in deciding whether to tx cases
Restatement in Choice of Law in Transfers in cases where there is a true conflict between the relevant choices of law, the court shall apply the law of the forum where the injury occurred unless another forum has a more substantial state interest
Standard for TX under s1404 1. convenience of parties; 2. convenience of witnessess 3. judicial interests
Created by: r14me