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Venue

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wermerj's version from 2015-11-21 22:23

Transfer of Venue

Question Answer
1404 Transfertransfer from proper venue for convenience
1406 Transfervenue is improper
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1404 Transfer

Question Answer
Whose law applies?transferee court applies the transferor court's Choice of law rules
Three reasons for 1404 transfer1. convenience of parties, 2. convenience of witnesses, 3. in the interests of justice
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1406 Transfer

Question Answer
reason for transferimproper venue
What may the court do?transfer or dismiss in the interests of justice
Which law appliestransferee court's law applies
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Forum Non Conveniens

Question Answer
What does the court do?Court dismisses the case because litigation would be far more appropriate in another court
Courts reasons?1. convenience of parties, 2. convenience of witnesses, 3. interests of justice
Public Considerations?what law would apply, what community should be burdened
Private Considerations?where are the witnesses, where is the evidence
Transferee Court's lawis relevant but not determinative
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