LAW 607 Lecture Notes - Lecture 14: Forum Selection Clause
31 May 2020
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Overview of transfer: transfer in the federal court system is governed by 28 u. s. c. 1404, 1406, and: which statute applies depends on the circumstances of the particular case, federal courts only: the transfer provisions apply only in federal court. However, under 1404 only, if all parties consent to a particular district, the court may also transfer to that district even if it lacks jurisdiction or venue. If either is lacking, the court must turn to 1406: who may move: either party may seek a 1404 transfer. Such motions can be, and often are, granted well into the process of litigation as developments make it clear that another forum would be more convenient: factors: section 1404(a) does not require transfer. Instead, the court has considerable discretion as to whether to transfer the case. 1404(a) motion consider many of the same factors that enter into a forum non conveniens determination.
