Venue

MBEMax wiki article — paired with the Civil Procedure question set on mbemax.com.

One-line summary

Venue chooses which federal district court hears the case once subject-matter and personal jurisdiction are satisfied; the general venue statute (28 U.S.C. § 1391) allows suit where any defendant resides, where a substantial part of events occurred, or — as a fallback — where any defendant is subject to personal jurisdiction.

Mnemonic

R-S-F — Residence of any defendant (all in same state), Substantial events or property, Fallback (any defendant's PJ).

Or picture "RSVP minus the P" — you're picking where the case is invited.

The general venue statute — § 1391(b)

Venue is proper in:

1. Residence venue — any judicial district in which any defendant resides, if all defendants reside in the same state.
2. Events venue — any judicial district in which a substantial part of the events giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is located.
3. Fallback venue — if there is no district in which the action may otherwise be brought, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to the action.

Residence rules — § 1391(c)

• Natural persons — domicile.
• Entities (corporations, LLCs, partnerships) — defendant — any district where subject to personal jurisdiction with respect to the action; if multi-district state, the district of most significant contacts.
• Entities — plaintiff — district where it maintains its principal place of business.
• Alien defendants — may be sued in any district.

Transfer and forum non conveniens

• § 1404(a) — transfer among federal districts. Transfer to any district where the action could have been originally brought, or where the parties consent. Court considers convenience of parties and witnesses, interests of justice. Transferor's law follows a § 1404 transfer.
• § 1406(a) — cure of improper venue. Transfer or dismiss if venue is wrong.
• § 1631 — cure of lack of jurisdiction. Transfer to proper court.
• Forum non conveniens. Dismissal only if a more convenient foreign forum exists (or, in some state-court situations, another U.S. forum is clearly more appropriate). Federal doctrine largely displaced domestically by § 1404.
• Forum-selection clauses. Valid unless unreasonable; enforced via § 1404 when pointing to another federal district (Atlantic Marine).

NCBE loves to test

• "All defendants reside in the same state." If defendants reside in different states, residence venue is unavailable — must rely on events venue or fallback.
• Substantial-part test. The events in the chosen district need not be the most substantial, just a substantial part. Multiple districts may be proper.
• Removal venue. Removed cases go to the federal district embracing the state court in which suit was filed — the general venue statute doesn't re-examine.
• Venue is waivable. Like personal jurisdiction, venue is a Rule 12(b)(3) defense; failure to raise in first Rule 12 response waives it. Distinct from SMJ, which cannot be waived.
• Forum-selection clauses and § 1404. Atlantic Marine: valid clauses enforced "in all but the most extraordinary circumstances," shifting the burden to the plaintiff.
• § 1404 "law follows" rule. Transferor's substantive law applies after § 1404 transfer (Van Dusen v. Barrack); but not after § 1406 transfer for improper venue.
• Section 1391 vs. special venue statutes. Certain statutes (e.g., patent, antitrust, securities) have their own venue rules; they control if applicable.

Fast hypos

Hypo 1. P sues D1 (TX) and D2 (NY) on a diversity tort claim. Accident in FL. Residence venue? No — defendants reside in different states. Events venue in FL; fallback as needed.

Hypo 2. Federal-question suit against three defendants all residing in different districts of California. Residence venue proper in any of those districts (same state). Proper.

Hypo 3. Proper venue case transferred under § 1404 from SDNY to NDCal. Which state's choice-of-law applies? Transferor — SDNY's law follows the case (Van Dusen).

Hypo 4. Improper venue case transferred under § 1406 from SDNY to NDCal. Which state's law applies? Transferee — the *Erie choice is from California, since SDNY's venue was never proper.*

Case anchors

• Atlantic Marine Construction Co. v. United States District Court, 571 U.S. 49 (2013) — forum-selection clauses enforced through § 1404.
• Van Dusen v. Barrack, 376 U.S. 612 (1964) — transferor law after § 1404.
• Ferens v. John Deere Co., 494 U.S. 516 (1990) — extended Van Dusen to plaintiff-initiated § 1404 transfers.
• Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981) — forum non conveniens applied to dismiss in favor of foreign forum.
• Hoffman v. Blaski, 363 U.S. 335 (1960) — § 1404 transfer requires transferee to be a proper original venue.

See also

• Personal Jurisdiction
• Subject-Matter Jurisdiction — Diversity
• Subject-Matter Jurisdiction — Federal Question
• Erie Doctrine

Sources

28 U.S.C. §§ 1391, 1404, 1406, 1441, 1631; Atlantic Marine Construction Co. v. United States District Court, 571 U.S. 49 (2013); Van Dusen v. Barrack, 376 U.S. 612 (1964); Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981); Hoffman v. Blaski, 363 U.S. 335 (1960); Ferens v. John Deere Co., 494 U.S. 516 (1990).