Law School Discussion

1404 transfer vs. FNC

1404 transfer vs. FNC
« on: November 24, 2007, 09:26:49 AM »
What is the difference between a 1404(a) transfer and Forum Non Conveniens? 

A 1404(a) transferor court and transferee court must both be proper venues and the transfer is based on Public, private interests and justice.

Is the FNC a dismissal becasue the only proper venue is not in a transferable jurisdiction?

Sorry if this is a basic question, I slacked on my notes during this class.

Re: 1404 transfer vs. FNC
« Reply #1 on: November 24, 2007, 10:45:04 AM »
1404(a) is a transfer from one federal district court where venue is appropriate to another federal district court where venue is appropriate based on the interest of justice and the convenience of the parties.

Forum non conveniens is a dismissal (court refuses to exercise appropriate jurisdiction) with the expectation that the suit will be brought in a more appropriate venue (usually a foreign jurisdiction).  The court will often require the defendant to waive personal jurisdiction and statute of limitations defenses within the new forum before dimissing the case.