Federal Jurisdiction & Procedure.docx

B once in federal court if party wants to transfer

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b. Once in federal court, if party wants to transfer general venue statutes govern transfer b/w US districts. Transfer of Venue – by Motion to Transfer 1. Options when venue improper – §1406 a. Court may grant motion to transfer venue under §1406 to federal district where venue is proper in interest of justice . i. Transferee federal court where venue proper must have good SMJ + PJ over parties. ii. 5 th Cir rule – may also transfer if venue proper but lacks PJ to district that has both. iii. Substantive state law of transferee forum court will apply – under Erie , if transfer suit under §1406. b. Court may grant Rule 12(b) Motion to Dismiss – if party challenges improper venue; π will have to refile in proper venue (if SoL has not run). c. Court may hear suit if parties waive right to object to improper venue – even though venue improper (need SMJ and PJ). 2. Options when venue proper – §1404 – transfer to another federal district when all parties consent . a. Court may grant motion to transfer venue under §1404 to federal district where venue is proper for (1) convenience of parties and witness, and (2) in interest of justice . i. Transferee federal court where venue proper must have good SMJ + PJ over parties. ii. Substantive state law of transferor forum court will apply – exception to Erie ; reduce forum shopping; and will apply SoL from transferor forum (transferee may not dismiss if SoL run in transferee forum). 1. Conflicts-of-law issue: Klaxon interprets Erie as requiring that this choice must be same one that would be made by state court in federal forum. 2. Under §1404 – parties carry with them the substantive choice-of-law rules of transferor forum to be applied by transferee federal court. iii. Forum selection clause in contract – will be considered under “convenience of parties and witnesses” analysis. 3. Forum non conveniens a. Any party may move to dismiss suit on the grounds that it would be more appropriate for the litigation to occur in the court of a foreign country, whether or not venue proper (typically, if tort occurred in another country). General Rules About Federal Civil Rights Litigation - §1983 1. Basic requirements of §1983 – federal civil rights statute a. Allows suit to be brought against any “person” acting “ under color of ” state or local law for deprivation of “ any rights, privileges or immunities secured by” US Constitution and laws (statutory or case). 2. Explanation of §1983 a. Acting “under color of” state or local law – equivalent to “state action”; ex. cop acting pursuant to state/local law, even when law violates Const. or federal law; cop acting contrary to state/local law if he acts in course of employment. i. Private parties deemed acting “under color of” law when act in concert with officials acting under color of law.
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  • Spring '14
  • CatherineLacroix
  • Common Law, Supreme Court of the United States, federal court, SMJ

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