Monday, April 17, 2017

For Wednesday--Section C

Monday audio.

We begin with Venue, Change of Venue, and FNC. Read §§ 1291 and 1404 in light of the discussion of both in Atlantic Marine. What is the connection between transfer venue under § 1404 and forum non conveniens? Is venue proper in VOA? What role might § 1404 have played in Burger King? How does the presence of a forum-selection clause affect both the § 1391 and § 1404 analysis (the Court enumerates 5 ways). What is the connection between § 1404 and Forum Non Conveniens; when does the latter come into play. Look at Fla. § 1.061 for its version of F/N/C.

We then turn to Erie; prepare Introduction and History (which is mainly Erie itself), Problem of Procedure, and Modern Approach (which is mainly Hanna). Read Erie with great care, identifying the five steps Justice Brandeis takes in overturning Swift.  Think about how the parties raised these issues procedurally. Read and understand § 1652, which is the touchstone for all of this. Read and understand § 2072 in light of the discussion in Hanna.

Finally, we will not have time to do this in class, but here is a personal jurisdiction problem from an actual case. You can work through it to see what the analysis might look like.