Flow Chart 2-CP II-Venue & Forum non Conveniens

[Step 1] 1. if a case is removed from state ct, 1391 does not apply; AND
Removal
Venue 2. the venue is proper in the ct which the case was removed to
(1) natural perosn residence = domicile
-->1391(d)
[Step 2-1] reside in any dst in state which its contacts would be sufficient to subject it
Any D's residence if all Ds are residents of corp in
1. Recidence Venue; personal to personal jurisdiction if that dst were a separate State, and, if there is no
the same state; OR-->1391(C) (2) entity state with
OR jrdx such dst, the corp shall be deemed to reside in the dst within which it has
Generally mutiple
the most significant contacts
1391(b) districts
[Step 2-2] (1) a substantial part of the events or omissions giving rise to the claim occurred
2. Transactional Venue (2) a substantial part of property that is the subject of the action is situated
[Step 3] (only if no other venues, this one will be applied); if no dst in which an cation may be brought as provided in 1 and 2, any dst where any D is subject to
3. Personal Jurisdiction the Ct's personal jurisdiction of this action
28 USC 1. Actions where D is (1) a D's residence; OR
1391 the action could be brought in any dst
officer or employee of (2) a substantial part of the event or omission/property; OR
where
the US - 1391(e) (3) P's residence if no real property is involved in this case
(1) a sunstantial part of the events or omissions/property; OR
(2) where the vessel or cargo fo a foreign state is situated; OR
2. Actions against a the action could be brought in any dst (3) the agency or instrumentality is licensed to do business or is doing business; OR
Special Foreign state - 1391(f) where
(4) in the USDC for the Dst of Columbia if the action is brought against a foreign state or political subdivision
thereof;
3. Multiparty, (1) any D resides; OR
Multiforum Litigation - may be brought in any district where
(2) a substantial part of the accident giving rise to the action took place
1391(g)
Time Proper venue is determined at the outset of the litigation
Waiver Venue can be waived, either explicitly or by failing to assert a venue defense
Yeager
1. if (1) for the convience of parties and witenesses, in the interest of justice; AND 1) forum selection clause goes first -->
Proper the dst ct may transfer 2) if under "extraordinary circumstances", use 1404(a) to
Venue - any civil action transfer the orignially proper venue. (transferor bear the burden
1404(a) (2) To 1) any other dst ct or division where it might have been brought; OR 2) any dst or of proof the "extraordinary circumstance" -->
Transfer
division to where all parties have consented 3) when using the 1404(a), we should use "Balancing Test"

(a) litigation in a Wrong Venue shall dismiss, OR if it be in the interest of justice, transfer such case to any other dst ct or division where it might have
Wrong Venue- 1406(a),(b) been brought
(b) nothing shall impair the jurisdiction of a dst ct of any matter involving a party who does not interpose timely and sufficient objection to the venue
Forum Non Forum non Conveniens is a common law doctrine that allows a court, even when venue is technically proper, to decide that a forum simply is not the right place for the lawsuit to
Piper
Conveniens proceed.