Quick Civ Pro Question
I know basically that a forum non conveniens is a common law rule that allows a court that has jurisdiction and venue to dismiss a case based on a variety of factors (both the public and the private factors). I know that a 1404 transfer allows a court to transfer to another, more convenient venue a claim over which they had jurisdiction and venue. For a transfer, the same basic public and private factors are also considered.
My question is, strategically, when would you want to use one over the other? They both seem to be based on the same idea that there is a more convenient location for a lawsuit. Is the only true difference that forum non conveniens dismisses the suit, while transfer just moves it to another federal district? Does that mean that strategically, the forum non conveniens is only really used when you are dealing with a foreign defendant and you cannot transfer? In dealing with an exam question, would you say to use both?
FNC is used in fed court when you want to transfer to a foreign jurisdiction. It's also used in state court when you transfer to another state's court. 1404 and 1406 are used to transfer from one district to another in fed court.