Venue, transfer, and forum non conveniens problem set: questions

About: Your analysis of some of these questions will be aided by reviewing the district map attached to the end of this handout.

Instructions: Answer these questions before looking at the explanations. Note that the explanations will not be made publicly available until after we complete our studies of this topic.

Question 1

A judicial district:

A. Is the same thing as a state.
B. Can extend beyond the borders of a state.
C. Might be contained within part of a state.
D. Is always smaller than a state.

Question 2

Danny resides in Miami and Debbie resides in Tallahassee. They decide to travel north to Toronto for spring break, driving in separate cars. On the way, they take a drive in Pittsburgh, going down Murray Avenue in the Squirrel Hill neighborhood of Pittsburgh. Still in separate cars, they are temporarily distracted by the wonderful smells coming from Mineo’s Pizza Parlor on Murray Avenue. They both run into Paul, who was trying to pull out of a parking spot in front of Mineo’s. If Paul sues Danny and Debbie for negligence, what venue or venues are appropriate?

A. Southern District of Florida.
B. Northern District of Florida.
C. Western District of Pennsylvania.
D. All of the above.

Question 3

Fredo (resident of Las Vegas) and Johnny (resident of Miami) are sued by Michael (resident of New York) for breach of contract. The contract was negotiated and was to be performed in New Jersey. Fredo and Johnny never showed up to do the work they were hired to do. Venue against Fredo and Johnny would be appropriate in which federal district?

A. In the District of New Jersey only.
B. In the District of New Jersey, the Southern District of Florida, or the District of Nevada.
C. In the Southern District of Florida or the District of Nevada.
D. No venue exists for a suit over both Johnny and Fredo. Michael will have to file two suits.

Question 4

Danny resides in Miami and Debbie resides in Tallahassee. They drive together on a trip to Kansas City where their car crashes into Paula’s car. Paula resides in Oregon. Paula sues Danny and Debbie for negligence, claiming that Danny was intoxicated and that Debbie shared beer with Danny while Danny was driving. Of the following potential venues, which are appropriate?

1. Northern District of Florida.
2. Middle District of Florida.

3. Southern District of Florida.
4. District of Kansas
5. District of Oregon

A. 1, 2, and 3
B. 1, 3, 4, and 5
C. 1, 3, and 4
D. 4

Question 5

Mall-Mart is a large national corporation headquartered in Bentonville (in western Arkansas) and incorporated in Delaware. Mall-Mart has thousands of department stores all over the United States. Pam, a resident of Miami, goes to a Mall-Mart store in Coral Gables and slips on a wet floor, injuring herself. She wants to file suit for negligence against Mall-Mart. Venue is arguably proper:\

A. In the Western District of Arkansas.
B. In the District of Delaware.
C. In the Southern District of Florida.
D. All of the above.

Question 6

Under section 1391, where there is more than one district in a state, a corporation’s residence for purposes of venue exists only in the district with which the corporation has the most significant contacts.

A. True
B. False

Question 7

Brian (resident of Miami) and Stewie (resident of Las Vegas) are introduced to Peter (resident of Quahog, RI) in Tijuana, Mexico. Brian and Stewie beat up Peter. If Peter sues Brian and Stewie for battery, venue is proper in:

1. Northern District of Florida
2. Middle District of Florida
3. Southern District of Florida

4. District of Nevada
5. District of Rhode Island

A. 1, 2, 3, 4, and 5
B. 3 and 4
C. 1, 4, and 5
D. None of the above.

Question 8

Paul sues Danielle in the U.S. District Court for the Southern District of California for an accident that happened in Miami. Danielle files an answer that fails to object to venue or personal jurisdiction, thus waiving both of those defenses. Later, Danielle argues that federal court in Miami is a far more convenient forum for litigation of the case, and moves that the court dismiss the action under the doctrine of forum non conveniens. The court agrees with Danielle that Florida is the more just and convenient forum. May the court dismiss the action?

A. No, because once Danielle waived her venue objection it becomes too late to argue that another forum is more convenient.
B. No, because dismissal would be inappropriate.
C. Yes, because Florida court would be more convenient.
D. Yes, because the remedy for forum non conveniens is dismissal.

Added Oct. 12, 2014