§ 1406 transfer vs. 12(b)(3) vs. forum non conveniens

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Nick18
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Joined: Thu Jan 12, 2012 3:04 pm

§ 1406 transfer vs. 12(b)(3) vs. forum non conveniens

Postby Nick18 » Tue Nov 20, 2012 10:51 pm

Can anyone help me distinguish these? It seems like they all can be raised when the venue laid is not proper and they can all result in the action being dismissed. So what is the difference? I know that a court can raise the issue of venue sua sponte, but I don't believe that involves a statute, rule, or doctrine, right?

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JuneLSATFail
Posts: 98
Joined: Mon Jun 20, 2011 9:27 pm

Re: § 1406 transfer vs. 12(b)(3) vs. forum non conveniens

Postby JuneLSATFail » Wed Nov 21, 2012 12:21 am

1406 is about transfer when original venue isnt proper

non conveniens is about dismissing the suits where venue is proper because a different judicial system is a better choice for X private and public reasons

12b3 is for dismissal where venue isn't proper

uvabro
Posts: 405
Joined: Sun Aug 26, 2012 9:44 pm

Re: § 1406 transfer vs. 12(b)(3) vs. forum non conveniens

Postby uvabro » Wed Nov 21, 2012 12:50 am

Nick18 wrote:Can anyone help me distinguish these? It seems like they all can be raised when the venue laid is not proper and they can all result in the action being dismissed. So what is the difference? I know that a court can raise the issue of venue sua sponte, but I don't believe that involves a statute, rule, or doctrine, right?

the venue transfer doesn't effect the case or what kinda court it's in. anything 12b rapes it.




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