venue diagnostic.txt

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Anonymous
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82122
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venue diagnostic.txt
Updated:
2011-04-26 23:42:03
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venue
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venue diagnostic
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  1. 1. The standards for determining personal jurisdiction and venue are essentially identical.
    F
  2. "2. Like subject matter jurisdiction, proper venue is considered a personal right of the defendant that can be waived or altered by agreement."
    F
  3. "3. Under �1391(a)(2) or �1391(b)(2), a local action may be brought in the venue where �a substantial part of property that is the subject of the action is situated� or where a substantial part of the events or omissions giving rise to the claim occurred."
    F
  4. "5. When applying �1391(a)(2) or �1391(b)(2), venue is proper only in the district where the most substantial part of the events or omissions giving rise to the claim occurred."
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  5. 4. Federal courts sitting in diversity apply the law of the state in which they sit to determine whether an action is local or transitory.
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  6. "6. In federal courts, the plaintiff has the burden of pleading venue in his complaint."
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  7. "7. In federal courts, venue need only be satisfied only as to the main or �primary� claim asserted by the plaintiff."
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  8. "8. In a diversity case, the �fallback� provision of �1391(a)(3) may be used to satisfy venue in a federal judicial district whenever venue cannot be established in that specific district under either �1391(a)(1) and �1391(a)(2)."
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  9. 9. Section1391(c) is a separate venue provision that determines proper venue for corporations.
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  10. "10. If under �1391(c) the corporation is considered a �resident� of multiple federal judicial districts within a state, �1391(a)(1) will be satisfied only as to the district that has the most substantial connection with the plaintiff�s claim."
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  11. 11. The criteria to establish residence under �1391(c) apply only to corporations.
    F
  12. "12. Consistent with �1391(d), an alien can be sued in any district regardless of that alien�s contacts with the district."
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  13. "13. Under �1391(c), if a corporation is subject to personal jurisdiction in a multi-district state, but there is no one district with sufficient contacts to support personal jurisdiction in that district, the corporation will be deemed to reside in the district in which it has the most significant contacts."
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  14. "14. In a transfer under �1404(a), the transferee court in a diversity case must apply the substantive law that that the transferror court would have applied had the case not been transferred."
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  15. 15. A federal court cannot transfer a case to a venue where personal jurisdiction over the defendant was absent at the time the suit was filed even if the defendant expressly waives any objection to jurisdiction in that venue.
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  16. "16. A federal court that lacks proper venue, may, on a motion made pursuant to �1406(a), either dismiss or transfer to a federal court where venue would be proper."
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  17. 17. A federal court that lacks personal jurisdiction over the defendant lacks the constitutional power to transfer a case to a federal court where venue and personal jurisdiction would be satisfied.
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  18. "18. In a transfer under �1406(a), the substantive law travels with the transfer. "
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  19. "19. Under �1391(a)(2) and �1391(b)(2), venue is proper only in the specific district where the claim arose or in which the most substantial part of the claim arose."
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  20. 20. The factors to be considered in deciding whether to transfer an action under �1404(a) are generally the same as those used by the court to determine whether to dismiss under the doctrine of forum non conveniens.
    T
  21. "21. When determining whether to grant a motion under �1404(a), the court will make a flexible and individualized analysis, balancing a number of private and public interests to determine whether the proposed transferee district would be a more convenient forum for the action."
    T
  22. 22. A forum selection clause is a contractual provision through which the parties to a contract agree to the substantive law that will be applied to any claim arising out of the contractual relationship.
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  23. 23. Forum selection clauses are presumptively enforceable in a federal court.
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  24. 24. A forum selection clause may not be used to create venue in a federal judicial district unless venue in that district would also be proper under a federal venue statute.
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  25. "25. If a forum selection clause designates a court of a foreign nation as the exclusive forum for any lawsuit arising under the contract, a federal court will not enforce the clause if the plaintiff is a citizen of the United States."
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  26. 26. A forum selection clause may designate a specified court as the exclusive forum for suits arising under the contract.
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  27. "27. If a forum selection clause designates the court of a foreign nation as the exclusive forum, a federal court, on a properly made motion, may transfer the case to that forum."
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  28. "28. In the case of a forum selection clause that designates a specific forum as exclusive, a federal court faced with a motion to transfer under �1404(a) will treat the forum selection clause as a factor in the determination of whether to transfer a case to that forum."
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  29. "29. In general, a federal court will not enforce a forum selection clause if doing so will be inconsistent with the public policy of the state in which the federal court sits."
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  30. "30. In the context of a contract pertaining to consumer goods or services, a forum selection clause found in a form contract is not enforceable as a matter of federal policy."
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  31. "31. If a case is properly removed from state to federal court, venue is automatically proper in that federal court but only if venue was proper in the state court."
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  32. 32. The doctrine of forum non conveniens permits a court to transfer a case from an otherwise proper venue to a more convenient venue.
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  33. "33. In federal court, the doctrine of forum non conveniens cannot serve as a basis for dismissal unless there is an adequate alternate forum."
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  34. 34. State courts are not bound by the federal doctrine of forum non conveniens.
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  35. "35. If the plaintiff in a federal proceeding is a citizen of foreign nation, that plaintiff�s choice of forum is entitled to no weight under any circumstances."
    F
  36. "36. As a matter of federal law, an unfavorable change in the law from the plaintiff�s point of view is never a relevant consideration in forum non conveniens analysis."
    F
  37. "37. As a matter of federal law, an alternative forum in which the defendant is subject to service of process may be deemed inadequate if there is remedy provided in that forum for the claimed wrong. "
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  38. "38. In balancing the private interest factors, the primary concern is the convenience of the defendant."
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  39. 39. A court is not likely to grant a motion to dismiss under forum non conveniens grounds if the defendant refuses to waive any potential challenge to jurisdiction in the alternate forum.
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  40. "40. In considering a motion to dismiss on grounds of forum non conveniens, a federal court may not take into account any practical burden on the local community should the case be retained, for doing so would be inconsistent with traditional notions of fair play and substantial justice."
    F

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