Venue, forum non conveniens, and transfer - Next Generation Bar Exam

1. Under section 1406(a), what may a court do with a case filed in an improper venue?

   Dismiss it, or, in the interest of justice, transfer it to a district where it could have been brought. Transfer is often preferred to dismissal when a limitations period would otherwise bar refiling.

2. Under Atlantic Marine, how does a valid forum-selection clause affect a section 1404(a) motion?

   Transfer should ordinarily be granted; the plaintiff's choice gets no weight and private-interest factors are not considered. Only public-interest factors may defeat transfer, which will rarely occur.

3. Under Piper Aircraft v. Reyno, what weight does a less favorable law in the alternative forum receive?

   Little, unless the remedy there is so inadequate that it is no remedy at all. A change in substantive law is not ordinarily a reason to deny dismissal.

4. Under section 1404(a), to where may a court transfer a case for convenience?

   To any district where it might have been brought, or to which all parties have consented. Transfer must serve the convenience of parties and witnesses and the interest of justice.

5. For venue purposes, where does an entity defendant reside?

   In any district where it is subject to personal jurisdiction with respect to the action. In a multi-district state, the test is applied as if each district were a separate state.

6. Under Piper Aircraft, how much deference does a foreign plaintiff's choice of a U.S. forum receive?

   Less deference than a domestic plaintiff's choice of its home forum. The assumption that the chosen forum is convenient is less reasonable for a foreign plaintiff.

7. For venue purposes, where does a natural person reside?

   In the district of the person's domicile. Venue residence for individuals tracks domicile, not temporary presence.

8. Under 28 U.S.C. section 1391(b), in which districts is venue proper?

   Where any defendant resides if all reside in the same state, or where a substantial part of the events or the property is located. If neither applies, venue lies in any district where a defendant is subject to personal jurisdiction.

9. In which district is venue proper for a case removed from state court?

   The district embracing the place where the state action was pending. The general venue statute does not govern removed cases.

10. One defendant resides in N.D. California and another in S.D. New York; the events occurred entirely in Nevada. In which district is venue proper under section 1391(b)?

    The District of Nevada. The defendants do not reside in the same state, so venue lies where a substantial part of the events occurred.

11. When may a court dismiss a case for forum non conveniens?

    When an adequate alternative forum exists and private and public interest factors strongly favor it. Dismissal is used mainly when the alternative forum is in another country; otherwise courts transfer.

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