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§ 1406 transfer vs. 12(b)(3) vs. forum non conveniens
Posted: Tue Nov 20, 2012 10:51 pm
by Nick18
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?
Re: § 1406 transfer vs. 12(b)(3) vs. forum non conveniens
Posted: Wed Nov 21, 2012 12:21 am
by JuneLSATFail
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
Re: § 1406 transfer vs. 12(b)(3) vs. forum non conveniens
Posted: Wed Nov 21, 2012 12:50 am
by uvabro
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.