Friday audio: Section B I; Section B II; Section A. Essay # 8 due Wednesday. Essays # 9 and 10 will post on Monday; due on Monday, April 21. (Please make sure you do the correct essay for your section).
Thank you for your patience and effort the past two days. It was a lot to get through and I am glad we got through it.
Prep all of Venue, Change of Venue, Forum Non Conveniens--note the several statutory provisions to really parse and arrange to see how they fit together; work through the venue analysis for yourself. Here is FN 6 in Atlantic Marine (the note is attached to the end of the first sentence of Part III.A); compare this with Glannon pp. 182-85:
Factors relating to the parties’ private interests include “relative ease of access to sources of proof; availability of compulsory process for attendance of unwilling, and the cost of obtaining attendance of willing, witnesses; possibility of view of premises, if view would be appropriate to the action; and all other practical problems that make trial of a case easy, expeditious and inexpensive.” Piper Aircraft Co. v. Reyno, (internal quotation marks omitted). Public-interest factors may include “the administrative difficulties flowing from court congestion; the local interest in having localized controversies decided at home; [and] the interest in having the trial of a diversity case in a forum that is at home with the law.” Ibid. (internal quotation marks omitted). The Court must also give some weight to the plaintiffs’ choice of forum. See Norwood v. Kirkpatrick.
• What is the difference between improper venue and change of venue--in terms of how they are raised, what they argue, and the appropriate remedy?
• How do venue rules relate to removal of an action from state court?
• What is the difference between § 1404 and forum non conveniens? How are they the same? What are the three steps in the analysis?
• Look at VOA: Is venue proper in ND Cal and why?
• Burger King is sued in the Southern District of Florida and the Middle District of Florida. How would the venue and PJ analyses differ in those two cases?
