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CONCEPTUAL FRAMEWORK Choosing a Trial Court

CONCEPTUAL FRAMEWORK Choosing a Trial Court. +. +. FORUM NON CONVENIENS The Basics. What does it mean? Where does the doctrine come from? i.e. source of law Judge-made law. FORUM NON CONVENIENS The Basics. Typical state court use of doctrine Multi-state defendant

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CONCEPTUAL FRAMEWORK Choosing a Trial Court

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  1. CONCEPTUAL FRAMEWORK Choosing a Trial Court + +

  2. FORUM NON CONVENIENSThe Basics • What does it mean? • Where does the doctrine come from? • i.e. source of law • Judge-made law

  3. FORUM NON CONVENIENSThe Basics • Typical state court use of doctrine • Multi-state defendant • subject to personal jurisdiction in more than one place

  4. SKILLS: READING CASESBasic Case Reading • Piper Aircraft v. Reyno, p. 204 • Basic Case Reading • Comments • Example of procedurally complex case • why need tools for organizing thoughts • Questions

  5. SKILLS: READING CASESIdentifying Black Letter Law Gilbert “test” • Pl's choice rarely disturbed • May dismiss if: • alternative forum available • oppressiveness, vexation to defendant • (private interests) + • court's convenience (public interest) • far outweigh • convenience to pl. (private interest)

  6. SKILLS: ARGUING FROM PRECEDENT • Identifying the Legally Significant Facts • for broad & narrow case holdings • p. 209, note 2 • What if: • Decedents had been U.S. citizens? • The plane crashed into the sea? • Scotland permitted no recovery for wrongful death?

  7. SKILLS: ARGUING FROM PRECEDENTNoticing the “scope of review” • What standard of review applies? • motion to dismiss for forum non conveniens

  8. THE BIG PICTUREForum non conveniens • What does it add to forum choice? • Does FNC do anything that PJ can’t? • How is it used today in federal system?

  9. SKILLS: APPLYING STATUTES28 U.S.C. § 1404(a) • For • the convenience of parties & W’s, • in the interest of justice • a district court • may transfer • any civil action • to • any other district • or division • where • it might have been brought

  10. SKILLS: APPLYING STATUTES 28 U.S.C. § 1404(a) • Why was Piper transferred to Penn.? • Could Piper be transferred now? ( Bring in Penn federal court?) • Current venue statute? • Personal jurisdiction? • Piper • Hartzell

  11. SKILLS: APPLYING STATUTESAlternatives to 1404(a) • 28 U.S.C. § 1631 • Cure “want of jurisdiction” •  “could have been brought” • Post-dates Piper • 28 U.S.C. § 1406 • Cure defect in venue •  “could have been brought” • 28 U.S.C. § 1407 • Multi-district litigation

  12. BLACK LETTER LAWVenue Trnsfr & Choice of Law • Choice of Law & 28 U.S.C. § 1404 • Claim against Piper tx to Pa D.Ct. • What law would apply? • Why? • Fed court applies State substantive law in diversity case (Erie doctrine) • Which State’s law? • Calif law (Court from which transferred) • But California choice of law rules • Penn. Law

  13. BLACK LETTER LAWVenue Trnsfr & Choice of Law • Choice of Law & 28 U.S.C. § 1406, 1631 • Claim against Hartzell tx to Pa D.Ct. • What law would apply? • Why? • Fed court applies State substantive law in diversity case (Erie doctrine) • If case is transferred, which State’s law applies? • Penn. law (Court to which transferred) • But Penn. choice of law rules • Scottish law

  14. TAKEAWAYS:BLACK LETTER LAW Forum Non & Venue Transfer • FNC • Gilbert test • Federal court -> foreign country • Venue transfer • Move within federal system • 1404 • Convenience • Choice of law rules from original court • 1406, 1361 • Fix venue, pj problems • Choice of law rules from new court

  15. TAKEAWAYSChapters 1-3 • Reading Statutes • MAP • Reading Cases • “Gold Standard” briefing, when needed • Arguing from Precedent • Build conceptual frameworks • Synthesize rules • Generate broad & narrow case holdings • Black letter law

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