§ 1406 transfer vs. 12(b)(3) vs. forum non conveniens Forum
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Nick18
- Posts: 27
- Joined: Thu Jan 12, 2012 3:04 pm
§ 1406 transfer vs. 12(b)(3) vs. forum non conveniens
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
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
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
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uvabro
- Posts: 404
- Joined: Sun Aug 26, 2012 9:44 pm
Re: § 1406 transfer vs. 12(b)(3) vs. forum non conveniens
the venue transfer doesn't effect the case or what kinda court it's in. anything 12b rapes it.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?
